Home › Case briefs › Constitutional Law

Reid v. Covert

Supreme Court of the United States · 1957 · Constitutional Law

Constitutional Lawmilitary jurisdictionBill of Rightstreaty powercourt-martialcivilian dependentsArticle IIIFifth Amendment

Facts

Mrs. Covert, a civilian accompanying her Air Force husband in England, was tried by an Air Force court-martial for murdering him on an airbase and sentenced to life imprisonment. Mrs. Smith, a civilian accompanying her Army husband in Japan, was likewise tried by court-martial for murdering him and sentenced to life imprisonment. In both places, executive agreements gave United States military courts jurisdiction over offenses by servicemen or their dependents, and both women argued that as civilians they could not constitutionally be tried by military authorities. Neither woman was a member of the armed services.

Issue

May Congress constitutionally authorize the military trial by court-martial of civilian dependents accompanying American armed forces overseas, consistent with Article III and the Fifth and Sixth Amendments, either under its power to regulate the land and naval forces or through treaties or executive agreements with foreign nations?

Rule

United States citizens abroad remain protected by the Constitution, including Article III, Section 2 and the Fifth and Sixth Amendments. Congress's power to make rules for the government and regulation of the land and naval forces extends to members of the armed services, not civilian dependents, and the Necessary and Proper Clause and international agreements cannot enlarge that power in derogation of constitutional guarantees.

🔒

See the holding & full analysis

Create a free KwikCourt account to unlock the rest of this brief — and practice the case.

The court's holding and reasoning
Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case

Free sample · practice this case

Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.

Lena Ortiz, a United States citizen, lives with her spouse, an Army sergeant, at a U.S. installation near Naples, Italy. During peacetime, federal officials seek to prosecute her before a military tribunal for an alleged on-base homicide, arguing that because the conduct occurred overseas, Congress may provide any reasonable criminal procedure it wishes.

Which is the strongest constitutional objection to the military trial?

Explanation. The controlling rule is that when the United States acts against its citizens abroad, it does not do so free of constitutional restraints. Article III and the Fifth and Sixth Amendments apply to criminal prosecutions of citizens overseas, and Article III specifically contemplates crimes committed outside any State by directing Congress to designate the place of trial. A military tribunal cannot replace the civilian process required for civilians.