Constitutional Opinion No. 2026-0758
Case Information
- Content Scored
- Ex parte Burford, 7 U.S. 448 (1806)
- Source
- Supreme Court of the United States, U.S. Reports Vol. 7 (3 Cranch)
- Author
- Chief Justice John Marshall (opinion of the Court, unanimous)
- Publication Date
- 1806-02-01
- Content Type
- Judicial Opinion / Legal-Normative Text
- Opinion Issued
- 2026-07-20
- AFCS Version
- 1.0
Holding
A small case with a large principle the Standard holds close: the liberty of the citizen may not be taken except by law that shows its cause. Burford, a shopkeeper, was jailed by eleven justices of the peace who demanded a $4,000 "good behavior" surety on a warrant stating no offense, resting on no oath, naming no cause. On habeas corpus the Court held "unanimously... that the warrant of commitment was illegal, for want of stating some good cause certain, supported by oath," and discharged him. Threefold alignment: the great writ of habeas corpus doing its work, invoking the Suspension Clause (Art. I sec 9) and the Fourth Amendment (warrants only on probable cause supported by oath) against an arbitrary local commitment (Article XVII); the rule of law protecting the safety of the citizen — a man wrongly jailed set free because the paper holding him failed the law (Article XVIII); and the sovereignty of the citizen vindicated against magistrates who cannot imprison on a bare good-behavior demand without stated, sworn cause (Article II). Modest facts — a defective warrant, one prisoner freed — but the principle is the spine of ordered liberty, with no countervailing article: it neither excuses crime nor hampers legitimate enforcement, only requires imprisonment rest on stated, sworn cause. Scored as Legal/Normative text (85/15). Tier 1 nets to 82; the result is 83 — America First. Principle scored, not result.
It is the judgment of this Court that Opinion No. 2026-0758 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.