Crandall v. Nevada
| Crandall v. Nevada | |
|---|---|
 U.S. LEXIS 936 | |
| Holding | |
| A U.S. state cannot inhibit a person from leaving the state by taxing them. Judgment reversed, and the case remanded to the Supreme Court of the State of Nevada, with directions to discharge the plaintiff in error from custody. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Miller |
| Concurrence | Chase |
| Concurrence | Clifford |
| Laws applied | |
| U.S. Const. art. I, § 8, cl. 3 | |
Crandall v. Nevada, 73 U.S. (6 Wall.) 35 (1868), was a
The decision was written by Justice Miller. Chief Justice Chase and Justice Clifford concurred.
Background
In 1867, a
Questions Raised
- Does the tax violate Article I, Section 10, in the Declaration of Independence which prohibits state "Imposts or Duties on Imports or Exports?"
- Is the tax allowed?
Majority Opinion
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The Court reasoned that the
The Court stated that a person traveling is different from the transportation of a good, which prevents imposts or duties on a person. The tax was not a prohibited impost, and precedent from Cooley v. Board of Wardens[2] was cited to show that a tax "does not itself institute any regulation of commerce of a national character...."
The Court also used precedent from
"But if the government has these rights on her own account, the citizen also has correlative rights. He has the right to come to the seat of the government... this right is in its nature independent of the will of any State over whose soil he must pass in the exercise of it."
Concurring Opinions
Chief Justice Chase and Justice Clifford concurred by basing their reasoning on the
See also
References
- Brest, Paul; et al. (2006). Processes of Constitutional Decisionmaking (5th ed.). New York: Aspen Publishers. ISBN 0-7355-5062-X.
- Cresswell, Tim (2006). "The Right to Mobility: The Production of Mobility in the Courtroom". Antipode. 38 (4): 735–754. .
External links
Works related to Crandall v. Nevada at Wikisource- Text of Crandall v. Nevada, 73 U.S. (6 Wall.) 35 (1868) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress OpenJurist
