In re Neagle
135 U.S. 1 (1890)
Constitutional Topic Areas:
Article II §3 ‘Take Care’ Clause, Enumerated and Implied Powers
Case Facts:
In 1889, Supreme Court Justice Stephen J. Field was repeatedly threatened by California Supreme Court Justice and former colleague David Terry. Following this harassment, President William Henry Harrison and his Attorney General Augustus Garland appointed US Marshal David Neagle as a bodyguard to Field. In August of 1889, Field and Neagle encountered Terry in a train station where Terry proceeded to strike Field two times before Neagle intervened, pulling his pistol and shouting for Terry to stop. At this moment, Terry began to appear to draw a knife when Neagle shot him two times, killing him. Neagle would be subsequently arrested by the County Sheriff and charged with Terry’s murder. Upon conviction, the US petitioned Neagle’s release via a writ of habeas corpus to the US Supreme Court, arguing Neagle had the authority to kill Terry as he was lawfully appointed as a bodyguard.
Questions:
1. Can Neagle be commissioned as a bodyguard by President/Attorney General in the absence of congressional law?
Holding:
1. Yes
Legal Reasoning: Justice S.F. Miller (6-2)
1. Under the ‘Take Care’ Clause, the executive branch has the authority to commission bodyguards for Supreme Court Justices because this ensures the ‘faithful execution’ of United States law
2. Neagle’s authority is defined under a federal statute giving US Marshals the same powers as law enforcement which could have intervened with deadly force in a threat against Field’s life
Dissent: Justice L.Q.C. Lamar
1. The President/Executive branch must be constrained by requiring congressional approval for all executive actions
Significance:
In re Neagle established the precedent of applying the ‘Take Care Clause’ to justify executive actions without congressional approval. This effectively lays the framework for what would become the executive order
Reflection:
In re Neagle marks a broad expansion of executive powers to sidestep Congress under Article II § III, as well as a broad interpretation of implied powers. This case sets the paradigm of executive order issuance which is heavily relied upon in modern executive branch governance. Overall, In re Neagle strengthened the power of the federal government
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