| United States v. Wheeler | |
|---|---|
 | |
| Argued April 28, 1920 Decided December 13, 1920 | |
| Full case name | United States v. Wheeler, et al. |
| Citations | 254 U.S. 281 (more) 41 S. Ct. 133; 65 L. Ed. 270; 1920 U.S. LEXIS 1159 |
| Case history | |
| Prior | Demurrer sustained, United States v. Wheeler, 254 F. 611 (D. Ariz. 1918). |
| Holding | |
| The Constitution grants to states, not the federal government, the power to prosecute individuals for wrongful interference with the right to travel. | |
| Court membership | |
| |
| Case opinions | |
| Majority | White, joined by McKenna, Holmes, Day, Van Devanter, Pitney, McReynolds, Brandeis |
| Dissent | Clarke |
| Laws applied | |
| U.S. Const. art. IV, §2; §19 of the Criminal Code | |
United States v. Wheeler, 254 U.S. 281 (1920), was an 8-to-1 landmark decision of the US Supreme Court that held that the Constitution alone does not grant the federal government the power to prosecute kidnappers, even if moving abductees across state lines on federally-regulated railroads at the behest of local law enforcement officials, and only the states have the authority to punish a private citizen's unlawful violation of another's freedom of movement.[1] The case was a landmark interpretation of the Privileges and Immunities Clause of the Constitution,[2][3] and contains a classic legal statement of the right to travel which continues to undergird American jurisprudence.[4][5]
- ^ United States v. Wheeler, 254 U.S. 281 (1920).
This article incorporates public domain material from this U.S government document.
- ^ Berger, Raoul. "New Deal Symposium: The Activist Legacy of the New Deal Court." Washington Law Review. 59 Wash. L. Rev. 751 (September 1984).
- ^ Nelson, William E. The Fourteenth Amendment: From Political Principle to Judicial Doctrine. Cambridge, Mass.: Harvard University Press, 1988. ISBN 0-674-31625-8
- ^ Bogen, David Skillen. Privileges and Immunities: A Reference Guide to the United States Constitution. Westport, Ct.: Praeger Press, 2003. ISBN 0-313-31347-4
- ^ "Note: Membership Has Its Privileges and Immunities: Congressional Power to Define and Enforce the Rights of National Citizenship." Harvard Law Review. 102:1925 (June 1989).
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