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Tarble's Case

Supreme Court of the United States · Constitutional Law

Constitutional LawFederalismHabeas CorpusMilitary Powersstate habeasfederal supremacydual sovereigntyexclusive federal jurisdiction

Facts

The prisoner was held by an officer of the United States as an enlisted soldier mustered into the military service of the National government. An application for habeas corpus was presented to a state court commissioner alleging that the enlistment was invalid, and the commissioner issued the writ. Both the application and the officer's return showed that the prisoner was held under claim and color of federal authority. The question was whether the state commissioner could inquire into the validity of that detention and discharge the prisoner.

Issue

Whether a state judicial officer has jurisdiction, on habeas corpus, to inquire into the validity of the enlistment or detention of a person held by a federal officer under the authority, or claim and color of the authority, of the United States, and to discharge that person from federal custody.

Rule

State judges and state courts may issue habeas corpus only until it appears from the application or the return that the prisoner is held by an officer of the United States under the authority, or claim and color of the authority, of the United States. Once that appears, the state tribunal must proceed no further; the legality of the detention may be determined only by the tribunals or judicial officers of the United States.

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

In Columbus, Ohio, Leo Martin files a habeas petition before an Ohio probate judge. His petition states that he is being held in a county jail by Deputy U.S. Marshal Nina Flores under a federal detention order while awaiting transfer for federal proceedings, and he argues the federal order is unconstitutional.

How should the state judge rule on the petition?

Explanation. A state judge may issue habeas only until it appears from the application or return that the prisoner is held by a federal officer under the authority, or claim and color of the authority, of the United States. Here, the petition itself reveals that basis of custody, so the writ should be refused and any challenge must be pursued in federal tribunals. (Derived from Tarble's Case (n.d.).)