From Wikipedia, the free encyclopedia
Trevett v. Weeden
(1786) was a
Rhode Island Supreme Court
decision finding state legislation regarding
paper currency
was violative of the state constitution. The decision set precedent for
Marbury v. Madison
regarding
judicial review
.
History
[
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]
On September 25?26, 1786, the Superior Court of Judicature of Rhode Island (
Rhode Island Supreme Court
)
heard the case in
Newport, Rhode Island
with a decision by
David Howell
. In May 1786, the
Rhode Island General Assembly
passed legislation allowing
paper money
as
legal tender
, and in June 1786 the Court created penalties for anyone refusing to accept such currency. In August 1786, the Assembly passed further legislation providing that trial of
offenders should take place "without any jury," by a majority of the judges and no appeal was allowed. Both
common law
and the
Constitution of Rhode Island
guaranteed a
jury trial
in contrast to the legislation.
[1]
General
James M. Varnum
, a U.S. Congressman representing the defendant argued that although the
American Revolution
occurred, the original colonial Constitution was still valid and the assembly derived its powers from this document. Accordingly, the Court retained the power to judge the constitutionality of any legislation under the Constitution. The Court found that the paper currency law was unconstitutional ("not cognizable") because it limited the right to a jury trial for violators.
[2]
Aftermath
[
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]
After the decision, the justices were brought before the General Assembly, reprimanded, and all but one were not reappointed for the following term. The Assembly then appointed paper currency advocates such as
William West
to the Court. The case was later cited as precedent for judicial review in
Marbury v. Madison
.
[3]
References
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]
- ^
Power of Federal Judiciary Over Legislation
by John Hampden Dougherty (Putnam, 1912) pg. 28-32
[1]
- ^
Power of Federal Judiciary Over Legislation
by John Hampden Dougherty (Putnam, 1912) pg. 28-32
[2]
- ^
Power of Federal Judiciary Over Legislation
by John Hampden Dougherty (Putnam, 1912) pg. 28-32
[3]
Further reading
[
edit
]
[1]
[2]