Maxwell v. Dow
Read the full opinion on CourtListener · The case as printed (Library of Congress)
Overruled
- Overruled by Duncan v. Louisiana (1968)suggested link
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), Table of Supreme Court Decisions Overruled by Subsequent Decisions, p. 2444: Duncan v. Louisiana, 391 U.S. 145 (1968) — Maxwell v. Dow, 176 U.S. 581 (1900).
Syllabus
The syllabus is prepared by the Reporter of Decisions and is not part of the opinion of the Court. It is shown as printed in the United States Reports, read from the text layer of the Library of Congress scan (optical character recognition in older volumes, not yet checked word by word against the page).
The decision in Hurtado v. California, 110 U. S. 516, that the words "due process of law" in the Fourteenth Amendment to the Constitution of the United States do not necessarily require an Indictment by a grand jury in a prosecution by a State for murder, has been often affirmed, and is now reaffirmed and applied to this case.
Printed on p. 581 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
The privileges and immunities of citizens of the United States do not necessarily include all the rights protected by the first eight amendments to the Federal Constitution against the powers of the Federal Government.
Printed on p. 581 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
The trial of a person accused as a criminal by a jury of only eight persons instead of twelve, and his subsequent imprisonment after conviction do not abridge his privileges and immunities under the Constitution as a citizen of the United States and do not deprive him of his liberty without due process of law.
Printed on p. 581 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
Provisions
The Constitution Annotated's essays on these provisions cite this case.
- Amendment XIV, Section 1suggested link
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt14.S1.2.2, Amdt14.S1.3, Amdt14.S1.5.4.7, pp. 2070, 2104.
Why it is here
The library's first set of cases is chosen by fixed rules from the Constitution Annotated (2022), which cites this case as “Maxwell v. Dow, 176 U.S. 581 (1900)”:
- overruled by Duncan v. Louisiana (table of overruled decisions)