Little v. Barreme

Little v. Barreme
Supreme Court of the United States
Argued December 16, 19, 1801 Decided February 27, 1804
Full case name	George Little, et al. v. Barreme, et al.
Citations	6 U.S. 170 (more) 2 L. Ed. 243; 1804 U.S. LEXIS 255; 2 Cranch 170
Court membership
Case opinions
Majority	Marshall, joined by unanimous
Laws applied
U.S. Const.

Little v. Barreme, 6 U.S. 170 (1804), was a United States Supreme Court case in which the Court found that the President of the United States does not have "inherent authority" or "inherent powers" that allow him to ignore a law passed by the US Congress.

A Presidential executive order was invalidated because the President was operating outside of his express Congressional authority.

The case derived from "an interesting and revealing incident" that occurred during the "Quasi War" with France at the end of the 18th century. The frigate USS Boston commanded by captain George Little captured a Danish vessel, the Flying Fish, by order of the Secretary of the Navy on behalf of President John Adams "to intercept any suspected American ship sailing to or from a French port." The Congress, however, had passed a law authorizing the navy to seize "vessels or cargoes [that] are apparently, as well as really, American" and "bound or sailing to any [French] port" in an attempt to prevent American vessels transporting goods to France. The Flying Fish was sailing from and not to a French port. Captain Little was declared to be liable for executing a command that was illegal. Little appealed to the Supreme Court, where the decision was upheld. Chief Justice John Marshall wrote "Is the officer who obeys [the President's order] liable for damages sustained by this misconstruction of the act, or will his orders excuse him? ... the instructions cannot change the nature of the transaction, or legalize an act which without those instructions would have been a plain trespass."