Fact of Case:
In the case Reid v. Covert, Mrs. Covert was found guilty of murdering her husband. She would perpetrate this crime at an airbase in England. The acting authority was determined by an executive agreement between the United States and England (Wiener, 2009). In this particular situation the United States used the executive agreement to convict Covert by military tribunal. The agreement allowed the United States military court to apply jurisdiction over the accused, due to the crime being perpetrated in Britain. The agreement resulted in Mrs. Covert being convicted without partaking in a trial by jury (Wiener, 2009). Once she was placed prison back in the United States, Mrs. Covert petitioned a writ on the rights granted to her in the 5th and 6th Amendment, claiming that her conviction impeded on her constitutional rights.
Issues:
With Mrs. Covert being found guilty, this case raised some very significant issue. The first issue in regards to this case is rather individuals lose the right awarded by the Constitution, when he or she resides in another nation (Legal Information Institute, 2015). Secondly, executive agreements between …show more content…
Covert, the Supreme Court found that "No agreement of US with another nation could confer power over the power of any government department or US Congress, which is totally free from restraints of the country’s Constitution” (Justia, 2015). The constitutional protection granted to United States citizens through the 5th and 6th amendment was the primary factor in the court decision (Wiener, 2009). Hence, the court claims that these rights are guaranteed to United States citizens, rather in another country or not. After the defenses argument was delivered, the court found that under the Uniform Code of Military Justice, the ruling by the military court was unconstitutional (Justia, 2015). Therefore, if they commit a crime on the soil of other nations they are also eligible to get protection under the Bill of