Constitutional Opinion No. 2026-0755
Case Information
- Content Scored
- Bas v. Tingy (The Eliza), 4 U.S. 37 (1800)
- Source
- Supreme Court of the United States, U.S. Reports Vol. 4 (4 Dallas)
- Author
- Justices Moore, Washington, Chase, Paterson (seriatim, unanimous)
- Publication Date
- 1800-08-01
- Content Type
- Judicial Opinion / Legal-Normative Text
- Opinion Issued
- 2026-07-20
- AFCS Version
- 1.0
Holding
This is the cleanest-aligned holding scored into the corpus so far. The question was whether France was an "enemy" under the 1799 salvage act when Congress had authorized hostilities but declared no formal war. The Court located the war power exactly where the Constitution places it — in Congress — and held Congress may calibrate it. Chase: "Congress is empowered to declare a general war, or congress may wage a limited war; limited in place, in objects, and in time." Paterson: this "modified warfare is authorized by the constitutional authority of our country... in the manner prescribed by the constitutional organ." That is the structural order faithfully applied — war power in the legislature, the military acting only as far as Congress authorized (Article XVII). The validated war is the peace-through-strength model: robust defense of American shipping against French predation, yet restrained and proportional — no war on land, no indiscriminate hostilities, confined to the high seas, "necessary defence and just retaliation" (Article XVI, both clauses). Its object was defending American vessels, commerce, and sovereignty, undertaken for "the interest, as well as the honor, of the United States" despite "prepossessions in favor of the French republic" — American interest over foreign affection (Article I). Reached by disciplined statutory and law-of-nations construction (Article XVIII). No meaningful countervailing tension: it neither expands executive war-making nor blesses an unlimited war. Scored as Legal/Normative text (85/15). Tier 1 nets to 80; the result is 82 — America First, the first judicial opinion in the corpus to reach the top band. Principle scored, not result.
It is the judgment of this Court that Opinion No. 2026-0755 is hereby entered into the record, in accordance with the America First Constitutional Standard. The score stands. The reasoning is published. The record is public.