Blackmer v. United States
Encyclopedia
Blackmer v. United States , , is a decision of the Supreme Court of the United States
.
Harry M. Blackmer was a United States citizen resident in Paris
. Blackmer was found guilty of contempt
by the Supreme Court of the District of Columbia for refusing to appear as a witness for the United States
in a criminal trial, which is related to the Teapot Dome Scandal
, after being subpoena
ed.
Blackmer was subsequently fined $30,000 and the costs of the court. Blackmer challenged the fine under the due process clause of the Fifth Amendment
.
The Court unanimously ruled against Blackmer, with Chief Justice Charles Evans Hughes
delivering the judgment and opinion of the Court and Justice Owen Josephus Roberts
not participating.
Chief Justice Hughes, in delivering the opinion of the Court, stated "[n]or can it be doubted that the United States possesses the power inherent in sovereignty to require the return to this country of a citizen, resident elsewhere, whenever the public interest requires it, and to penalize him in case of refusal." Also, "[i]t is also beyond controversy that one of the duties which the citizen owes to his government is to support the administration of justice by attending its courts and giving his testimony whenever he is properly summoned."
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
.
Harry M. Blackmer was a United States citizen resident in Paris
Paris
Paris is the capital and largest city in France, situated on the river Seine, in northern France, at the heart of the Île-de-France region...
. Blackmer was found guilty of contempt
Contempt of court
Contempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
by the Supreme Court of the District of Columbia for refusing to appear as a witness for the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
in a criminal trial, which is related to the Teapot Dome Scandal
Teapot Dome scandal
The Teapot Dome Scandal was a bribery incident that took place in the United States in 1922–23, during the administration of President Warren G. Harding. Secretary of the Interior Albert B. Fall leased Navy petroleum reserves at Teapot Dome and two other locations to private oil companies at low...
, after being subpoena
Subpoena
A subpoena is a writ by a government agency, most often a court, that has authority to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of subpoena:...
ed.
Blackmer was subsequently fined $30,000 and the costs of the court. Blackmer challenged the fine under the due process clause of the Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
.
The Court unanimously ruled against Blackmer, with Chief Justice Charles Evans Hughes
Charles Evans Hughes
Charles Evans Hughes, Sr. was an American statesman, lawyer and Republican politician from New York. He served as the 36th Governor of New York , Associate Justice of the Supreme Court of the United States , United States Secretary of State , a judge on the Court of International Justice , and...
delivering the judgment and opinion of the Court and Justice Owen Josephus Roberts
Owen Josephus Roberts
Owen Josephus Roberts was an Associate Justice of the United States Supreme Court for fifteen years. He also led the fact-finding commission that investigated the attack on Pearl Harbor. At the time of World War II, he was the only Republican appointed Judge on the Supreme Court of the United...
not participating.
Chief Justice Hughes, in delivering the opinion of the Court, stated "[n]or can it be doubted that the United States possesses the power inherent in sovereignty to require the return to this country of a citizen, resident elsewhere, whenever the public interest requires it, and to penalize him in case of refusal." Also, "[i]t is also beyond controversy that one of the duties which the citizen owes to his government is to support the administration of justice by attending its courts and giving his testimony whenever he is properly summoned."