Reid v. Covert
Citation and Court
354 U.S. 1 (1957) — Supreme Court of the United States
Facts
Clarice Covert killed her husband, an Air Force sergeant, on a U.S. military base in England. She was tried by court-martial under the Uniform Code of Military Justice pursuant to executive agreements between the United States and the United Kingdom that subjected civilian dependents of military personnel to military jurisdiction. Covert challenged her court-martial conviction, arguing she had the right to a civilian jury trial under the Fifth and Sixth Amendments.
Issue
Whether an executive agreement with a foreign government can authorize military trials of civilian dependents in capital cases without the constitutional protections of a jury trial.
Holding
No. The Constitution’s Bill of Rights prevails over executive agreements with foreign nations; civilian dependents of military personnel in capital cases are entitled to the constitutional protections of a jury trial and grand jury indictment.
Rule / Doctrine
Constitutional supremacy over treaties and executive agreements: no treaty or executive agreement may expand or diminish the constitutional rights of American citizens. The Constitution is the supreme law of the land, and acts of Congress or executive agreements that conflict with its provisions — including the right to jury trial — are invalid as applied to American citizens.
Significance
Reid v. Covert is the definitive case establishing that the treaty power does not allow the United States to circumvent the Bill of Rights. It directly limits Missouri v. Holland’s suggestion that the treaty power is essentially unlimited, and confirms that constitutional rights cannot be bargained away through international agreements.