Maxwell v. Dow
Maxwell v. Dow is a significant Supreme Court case that addressed issues related to the rights of defendants in criminal trials. The case arose when a man convicted of robbery challenged his conviction on the grounds that he was not indicted by a grand jury and that his jury was composed of only eight members instead of the traditional twelve. The Supreme Court ultimately upheld the conviction in an eight-to-one decision, rejecting the defendant's concerns. In doing so, the Court notably overlooked the Fourteenth Amendment's clauses related to due process and privileges and immunities, which has been a point of contention in legal discussions. Justice John Marshall Harlan, who dissented in this case, emphasized the necessity for states to adhere to the Fifth and Sixth Amendments, advocating for fair trial standards. This dissent has been viewed as a precursor to the later incorporation of the Bill of Rights through the Fourteenth Amendment in the twentieth century. The case highlights ongoing debates about the balance between state authority and individual rights in the justice system.
Maxwell v. Dow
Date: February 26, 1900
Citation: 176 U.S. 581
Issues: Grand jury; jury composition
Significance: The Supreme Court’s decision in this case, in which it ignored the due process clause, is most notable for the dissent by Justice John Marshall Harlan, which can be seen as a precursor to the Fourteenth Amendment incorporation doctrine.
A man convicted of robbery challenged his conviction because of the use of a presentment rather than a grand jury indictment and a jury composed of eight rather than twelve members. The Supreme Court upheld his conviction, eight to one, and summarily dismissed the defendant’s objections. As in the Slaughterhouse Cases (1873), the Court ignored the Fourteenth Amendment’s due process clause and the privileges and immunities clause. To justify its decision, the Court sought out a precedent from a state court in a case taken before the passage of the Fourteenth Amendment. Justice John Marshall Harlan dissented eloquently about the importance of the states being required to follow the Fifth and Sixth Amendment’s requirements for a fair trial and due process, thereby presaging the incorporation of the Bill of Rights through the Fourteenth Amendment in the twentieth century.