Pervear v. Massachusetts
Supreme Court of the United States
Argued April 17, 1867
Decided April 29, 1867
Full case namePervear v. the Commonwealth of Massachusetts
Citations72 U.S. 475 (more)
5 Wall. 475; 18 L. Ed. 608; 1866 U.S. LEXIS 953
Court membership
Chief Justice
Salmon P. Chase
Associate Justices
James M. Wayne · Samuel Nelson
Robert C. Grier · Nathan Clifford
Noah H. Swayne · Samuel F. Miller
David Davis · Stephen J. Field
Case opinion
MajorityChase, joined by unanimous
Overruled by
Jones v. Cunningham, 371 U.S. 236 (1963)

Pervear v. Massachusetts, 72 U.S. (5 Wall.) 475 (1866), was a case brought before the United States Supreme Court in 1866 over the issue of prisoners' rights. The court ruled that prisoners have no constitutional rights, not even Eighth Amendment rights.[1] This was the first case stating the "hands off" policy that allowed states to run their prisons without federal interference. The application of the Bill of Rights to state action did not come until later and then only in part.[2]

At that time in history, the Bill of Rights was seen as a bar to federal interference with state actions, and therefore a means of ensuring federal restraint.[3]

Background

A Massachusetts business owner was convicted and sentenced to the payment of a large fine and to three months of hard labor for failing to have a state license for his liquor store. He tried to invoke the "cruel and unusual punishment" clause of the Eighth Amendment.

Decision

The Supreme Court ruled that the Constitution did not apply to state cases but only to federal issues.[3] Pervear did not take the case further.[1]

This "hands off" policy was not successfully challenged until 1963 when Jones v. Cunningham had the Supreme Court rule that inmates in state institutions could file a writ of habeas corpus challenging the conditions of their imprisonment as well as its legality.[2]

References

  1. 1 2 Pervear v. Massachusetts, 72 U.S. (5 Wall.) 475 (1866).
  2. 1 2 "Prisoner Rights, Litigation and Constitutional Law". Archived from the original on December 16, 2007. Retrieved December 10, 2007.
  3. 1 2 "Constitutional Topic: The Bill of Rights". U.S. Constitution Online. Retrieved December 10, 2007.
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