''Trevett v. Weeden'' (1786) was a

Rhode Island Supreme Court The Rhode Island Supreme Court is the Supreme court, court of last resort in the U.S. State of Rhode Island. The Court consists of a Chief Justice and four Associate Justices, all selected by the Governor of Rhode Island from candidates vetted by ...

decision finding state legislation regarding

paper currency A banknote—also called a bill (North American English), paper money, or simply a note—is a type of negotiable promissory note, made by a bank or other licensed authority, payable to the bearer on demand. Banknotes were originally issued ...

was violative of the state constitution. The decision set precedent for ''

Marbury v. Madison ''Marbury v. Madison'', 5 U.S. (1 Cranch) 137 (1803), was a landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws and statutes t ...

'' regarding

judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incomp ...

History

On September 25–26, 1786, the Superior Court of Judicature of Rhode Island (

) heard the case in

Newport, Rhode Island Newport is an American seaside city on Aquidneck Island in Newport County, Rhode Island. It is located in Narragansett Bay, approximately southeast of Providence, south of Fall River, Massachusetts, south of Boston, and northeast of New Yor ...

with a decision by David Howell. In May 1786, the

Rhode Island General Assembly The State of Rhode Island General Assembly is the state legislature of the U.S. state of Rhode Island. A bicameral body, it is composed of the lower Rhode Island House of Representatives with 75 representatives, and the upper Rhode Island Se ...

passed legislation allowing

paper money A banknote—also called a bill (North American English), paper money, or simply a note—is a type of negotiable promissory note, made by a bank or other licensed authority, payable to the bearer on demand. Banknotes were originally issued ...

legal tender Legal tender is a form of money that courts of law are required to recognize as satisfactory payment for any monetary debt. Each jurisdiction determines what is legal tender, but essentially it is anything which when offered ("tendered") in ...

, and in June 1786 the Court created penalties for anyone refusing to accept such currency. In August 1786, the Assembly passed further legislation providing that trial of offenders should take place "without any jury," by a majority of the judges and no appeal was allowed. Both

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

and the

Constitution of Rhode Island The Constitution of the State of Rhode Island is a document describing the structure and function of the government of the U.S. State of Rhode Island. 1842 Constitution Constitutional Convention Prior to 1842, Rhode Island was still governed by ...

guaranteed a

jury trial A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial in which a judge or panel of judges makes all decisions. Jury trials are used in a significan ...

in contrast to the legislation. General James M. Varnum, a U.S. Congressman representing the defendant argued that although the

American Revolution The American Revolution was an ideological and political revolution that occurred in British America between 1765 and 1791. The Americans in the Thirteen Colonies formed independent states that defeated the British in the American Revoluti ...

occurred, the original colonial Constitution was still valid and the assembly derived its powers from this document. Accordingly, the Court retained the power to judge the constitutionality of any legislation under the Constitution. The Court found that the paper currency law was unconstitutional ("not cognizable") because it limited the right to a jury trial for violators.

Aftermath

After the decision, the justices were brought before the General Assembly, reprimanded, and all but one were not reappointed for the following term. The Assembly then appointed paper currency advocates such as William West to the Court. The case was later cited as precedent for judicial review in ''Marbury v. Madison''.

History

Aftermath

References

Further reading