Opinion · Supreme Court of the United States

In Re Green

In Re Green, 134 U.S. 377 (1890)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1890-03-24
Topic
bankruptcy

How later courts describe this case

  • “Congress has never undertaken to interfere with the manner of appointing [members of the electoral college], or, where (according to the now general usage
  • speech made in the course of a government duty is not protected by the First Amendment

Citator

UpLaw has not yet analyzed In Re Green. The absence of a flag is not a finding that it is good law.

Cited by
45 opinions

Headnotes

  1. Election & Voting Law — Appointment of Presidential Electors Under the Constitution, presidential electors in each State are appointed in the manner the State legislature directs; the only powers expressly vested in the national government over their appointment or votes are to fix the time of choosing electors and the day they vote, and to provide for the opening and counting of their certificates in Congress. 134 U.S. at 379-380
  2. Election & Voting Law — Status of Presidential Electors Presidential electors, though appointed and acting under the Constitution of the United States, are not officers or agents of the United States; their sole function is to cast, certify, and transmit the vote of the State for President and Vice President. 134 U.S. at 380
  3. Election & Voting Law — State Authority over Presidential Electors Congress has never regulated the conduct of elections for presidential electors or punished fraud in voting for them, but has left those matters to the control of the States; the federal statutes protecting congressional elections do not impair or restrict the power of a State to punish fraudulent voting in the choice of its electors. 134 U.S. at 380-381
  4. Election & Voting Law — Concurrent State Power A State has power to punish fraudulent voting for presidential electors, unaffected by the Constitution and laws of the United States. 134 U.S. at 381
  5. Habeas Corpus — Scope of Review The inclusion in a single state indictment and sentence of illegal voting both for a representative in Congress and for presidential electors does not deprive the state court of jurisdiction, but is at worst mere error that cannot be inquired into on a writ of habeas corpus. 134 U.S. at 381