United States v. Coolidge

( 1813 ) Commentary by Austin Allen, University of Houston - Downtown

“Whether the common law of England, in its broadest sense, including equity and admiralty, as well as legal doctrines, be the common law of the United States or not, it can hardly be doubted, that the constitution and laws of the United States are predicated upon the existence of the common law” - United States v. Coolidge
“Congress has provided for the punishment of murder, manslaughter and perjury … but it has no where defined these crimes. Yet no doubt is ever entertained … that the explanation of them must be … governed by the common law; and upon any other supposition, the judicial power … would be left … to the mere arbitrary pleasure of the judges.… Whatever may be the dread of the common law,… such a despotic power could hardly be deemed more desirable.” - United States v. Coolidge
“I would ask then, what are crimes and offences against the United States, under the construction of its limited sovereignty, by the rules of the common law? Without pretending to enumerate them in detail, I will venture to assert generally, that all offences against the sovereignty, the public rights, the public justice, the public peace, the public trade and the public police of the United States, are crimes and offences against the United States.” - United States v. Coolidge

Joseph Story (U.S. Supreme Court)

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