Barry v. United States ex rel. Cunningham, 279 U.S. 597 (1929)

U.S. Supreme Court, (May 27, 1929)

Docket number: 647

/us/279/597/case.html

Linked as:



FeediconRSS What's this?

Cited by:

  • U.S. Court of Appeals for the 2nd Cir. - Greenham Women Against Cruise Missiles, an Unincorporated Association; Rebecca Johnson; Christine King, on Behalf of Herself and Her Minor Child Bethen King; Jean Hutchinson; Susan Lamb, on Behalf of Herself and Her Minor Children Jodie Lamb and Angharad Lamb; Carole Harwood, on Behalf of Herself and Her Minor Child Albert Harwood; Deborah Law; Lynne Fortt, on Behalf of Herself and Her Minor Children Aaron Fortt and Ryan Fortt; Nell Logan; Angela Phillips, on Behalf of Herself and Her Minor Children, Clara Phillips and Jacob Phillips; Elizabeth Forder, on Behalf of Herself and Her Minor Children Daniel Forder and Joseph Forder; Carrie Pester; Susan Bolton, on Behalf of Herself and Her Minor Children Adam Pereira, Sophie Pereira, Jacob Pereira and Luke Bolton; Simone Wilkinson, on Behalf of Herself and Her Minor Children James Wilkinson and Victoria Wilkinson; Congressman Ronald Dellums and Congressman Ted Weiss, Plaintiffs-Appellants, v. Ronald Wilson Reagan, President of the United States; ..., 755 F.2d 34 (2nd Cir. 1985) an Unincorporated Association; Rebecca Johnson; Christine King, on Behalf of Herself and Her Minor Child Bethen King; Jean Hutchinson; Susan Lamb, on Behalf of Herself and Her Minor Children Jodie Lamb and Angharad Lamb; Carole Harwood, on Behalf of Herself and Her Minor Child Albert Harwood; Deborah Law; Lynne Fortt, on Behalf of Herself and Her Minor Children Aaron Fortt and Ryan Fortt; Nell Logan; Angela Phillips, on Behalf of Herself and Her Minor Children, Clara Phillips and Jacob Phillips; Elizabeth Forder, on Behalf of Herself and Her Minor Children Daniel Forder and Joseph Forder; Carrie Pester; Susan Bolton, on Behalf of Herself and Her Minor Children Adam Pereira, Sophie Pereira, Jacob Pereira and Luke Bolton; Simone Wilkinson, on Behalf of Herself and Her Minor Children James Wilkinson and Victoria Wilkinson; Congressman Ronald Dellums and Congressman Ted Weiss, Plaintiffs-Appellants, v. Ronald Wilson Reagan, President of the United States; ...
  • U.S. Supreme Court - United States v. Brewster, 408 U.S. 501 (1972)
  • U.S. Court of Appeals for the 7th Cir. - James E. Groppi, Petitioner-Appellee, v. Jack Leslie, Sheriff of Dane County, Respondent-Appellant., 436 F.2d 326 (7th Cir. 1970)
  • U.S. Court of Appeals for the D.C. Cir. - Stephen L. Morgan, Et Al., Appellants, v. United States of America, Et Al., 801 F.2d 445 (D.C. Cir. 1986)
  • Constitution of the United States (Annotated) - Section 5: Powers and Duties of the Houses
  • U.S. Court of Appeals for the 9th Cir. - United States of America, Plaintiff-Appellee, v. Billy Charles Anfield, Defendant-Appellant., 539 F.2d 674 (9th Cir. 1976)
  • U.S. Court of Appeals for the 7th Cir. - Richard D. Mcintyre, Petitioner-Appellant, v. Michael Fallahay and Frank Mccloskey, Respondents-Appellees. Frank Mccloskey, Petitioner-Appellee, v. Richard D. Mcintyre, Respondent-Appellant., 766 F.2d 1078 (7th Cir. 1985)
  • U.S. Court of Appeals for the 4th Cir. - John Hutchinson; William Reese; Leonard Underwood, Appellants, v. Margaret D. Miller, Individually and as Clerk of the County Commission of Kanawha County, West Virginia; David Michael Staton; Steven L. Miller; James E. Roark, Individually and as Prosecuting Attorney of Kanawha County, West Virginia; John A. Cavacini, Jr.; Computer Elections Systems, Inc., a Foreign Corporation; Bernard H. Meadows; Clayton Spangler; Keith Ervin Long; Carl Clough; William E. Biebel; Darlene Dotson; Carolyn Critchfield, Individually and as Voter Registrar of Kanawha County, West Virginia; Ann Carroll, Individually and as Chief Deputy of the County Commission of Kanawha County, West Virginia, Appellees, and Cherrie Lloyd, Defendant., 797 F.2d 1279 (4th Cir. 1986)
  • U.S. Supreme Court - Buckley v. Valeo, 424 U.S. 1 <I>(per curiam)</I> (1976)

    • Text:

    U.S. Supreme Court BARRY v. U.S. EX REL. CUNNINGHAM, 279 U.S. 597 (1929)

    [Page 279 U.S. 597, 620]

    with well-settled rules and discharge him from custody upon proper assurance, by recognizance or otherwise, that he will appear for interrogation when required. This is all he could properly demand of a court under similar circumstances.

    Here the question under consideration concerns the exercise by the Senate of an indubitable power; and if judicial interference can be successfully invoked, i can only be upon a clear showing of such arbitrary and improvident use of the power as will constitute a denial of due process of law. That condition we are unable to find in the present case.

    Judgment reversed. Footnotes

    Footnote 1 Among the typical cases in the House, where that body refused to seat members in advance of investigation, although presenting credentials unimpeachable in form, was that of Roberts, in the Fifty-Sixth Congress, where it was so decided after full debate by a vote of 268 to 50. Cong. Record, vol. 33, pt. 2, p. 1217.

    It was stated at the bar in this case that the Senate in 29 cases had, in advance of investigation, seated persons exhibiting prima facie credentials, and in 16 cases had taken the opposite course of refusing to seat such persons, before investigation and determination of charges challenging the right to the seat.

    Sponsored links