Dissent in the Prize Cases (1863)

E251553

Dissent in the Prize Cases (1863) is a notable Supreme Court opinion in which Justice Samuel Nelson argued against the majority’s validation of President Lincoln’s Civil War blockade powers.

All labels observed (2)

How this entity was disambiguated

Statements (46)

Predicate Object
instanceOf United States Supreme Court dissenting opinion ⓘ
judicial opinion ⓘ
addresses relationship between domestic rebellion and international war under U.S. law ⓘ
scope of commander-in-chief power ⓘ
argues President cannot impose a blockade under the law of nations absent a recognized state of war ⓘ
judicial deference to the political branches must respect constitutional allocations of war powers ⓘ
associatedWithPresident Abraham Lincoln ⓘ
author Samuel Nelson ⓘ
authoredBy Justice Samuel Nelson ⓘ
caseCitation 67 U.S. (2 Black) 635 ⓘ
citedIn later scholarship on separation of powers and war powers ⓘ
concernedWith legality of Union naval blockade of Confederate ports ⓘ
constitutionalBasisDiscussed Article I of the United States Constitution ⓘ
Article II of the United States Constitution ⓘ
country United States ⓘ
court Supreme Court of the United States ⓘ
criticizes unilateral presidential initiation of hostilities ⓘ
date 1863 ⓘ
hasJustice Samuel Nelson ⓘ
historicalContext American Civil War ⓘ
historicalSignificance early articulation of limits on presidential war powers ⓘ
jurisdiction United States ⓘ
language English ⓘ
legalIssue blockade authority ⓘ
presidential war powers ⓘ
separation of powers ⓘ
opinionType dissent ⓘ
opposesHoldingOf majority opinion in the Prize Cases ⓘ
opposesViewThat the Civil War created a de facto war authorizing full belligerent rights without prior congressional action ⓘ
pageInUSReports 635 ⓘ
partOf Prize Cases ⓘ
positionOnBlockade argued against validation of President Lincoln’s blockade powers without congressional authorization ⓘ
publishedIn United States Reports ⓘ
relatedDoctrine law of blockade ⓘ
law of prize and capture ⓘ
relatedField admiralty and maritime law ⓘ
constitutional law ⓘ
international law ⓘ
relatedToCase The Prize Cases ⓘ
roleOfSamuelNelson Associate Justice of the Supreme Court of the United States ⓘ
supportsPrinciple Congressional control over declaration of war ⓘ
strict construction of executive power in wartime ⓘ
supportsViewThat recognition of war and belligerent rights is primarily a legislative function ⓘ
viewOnWarStatus emphasized that a state of war must be recognized by Congress ⓘ
volumeInUSReports 67 ⓘ
yearDecided 1863 ⓘ

How these facts were elicited

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Samuel Nelson → notableWork → Dissent in the Prize Cases (1863) ⓘ
Samuel Nelson → notableCase → The Prize Cases (dissented) ⓘ
subject linked to: Justice Samuel Nelson
linked to: Dissent in the Prize Cases (1863)