Luther v. Borden
Significance, Insurrection In Providence, Which Was The Rightful Government?, Political Vs. Natural Rights
Luther M. Borden
Luther M. Borden, acting under the martial law that had been declared by the state of Rhode Island, had invaded and searched Martin Luther's home. Martin Luther claimed that the government, under which Borden had acted, was not the legitimate government of Rhode Island. Therefore, Borden was guilty of trespass.
Chief Lawyers for Appellant
Benjamin F. Hallett; Nathan Clifford, U.S. Attorney General
Chief Lawyers for Appellee
John Whipple, Daniel Webster
Justices for the Court
Robert Cooper Grier, John McLean, Samuel Nelson, Roger Brooke Taney (writing for the Court), James Moore Wayne
Levi Woodbury (John Catron, Peter Vivian Daniel, and John McKinley did not participate)
Date of Decision
3 January 1849
That the Court did not have the power to decide that a state government was not legitimate.
- Marbury v. Madison, 5 U.S. 137 (1803).
- Martin v. Hunter's Lessee, 1 Wheat. 316 (1819).
- Cohens v. Virginia, 6 Wheat. 264 (1821).
- Foster v. Neilson, 2 Pet. 253 (1829).
- United States v. Texas, 143 U.S. 621 (1892).
Bradley, David and Shelley Fisher Fishkin, eds. The Encyclopedia of Civil Rights in America Armonk, NY: Sharpe, 1998.
Knappman, Edward W., ed. Great American Trials. Detroit, MI: Visible Ink Press, 1994.
- Johnson, John W., ed. Historic U.S. Court Cases, 1690-1990: An Encyclopedia. New York: Garland Publishing, 1992.
- Rosenblum, Victor G., and A. Didrick Castberg. Cases in Constitutional Law, Political Roles of the Supreme Court. Homewood, IL: The Dorsey Press, 1973.
- Swisher, Carl B. The History of the Supreme Court of the United States: The Taney Period, 1836-64, Vol. 5. New York: Macmillan, 1974.
- Mackenzie Court-Martial: 1843
- Kilbourn v. Thompson - Significance, An Uncooperative Witness, Preserving The Separation Of Powers, Congressional Immunity, Samuel R. Lowery, African American Lawyer
- Luther v. Borden - Significance
- Luther v. Borden - Insurrection In Providence
- Luther v. Borden - Which Was The Rightful Government?
- Luther v. Borden - Political Vs. Natural Rights
- Luther v. Borden - Where Does The Court Get Its Power?
- Luther v. Borden - Martial Law
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