Rassmussen v. United States

Background

A man was indicted in Alaska for keeping a "disreputable house" and tried under an Alaska law, adopted by Congress, that said six people could make a legal jury in misdemeanor cases. At trial he objected and demanded the traditional common-law jury of twelve, was convicted, and appealed to the Supreme Court claiming his Sixth Amendment right was violated.

Reasoning

The Court focused on whether the Sixth Amendment’s jury guarantee applied in Alaska. The majority concluded that Alaska had been incorporated into the United States through the treaty and subsequent laws, so constitutional protections like the right to a twelve-person jury apply there. Because Congress’s provision for six-person juries conflicted with that constitutional guarantee, the Court held the law void and ordered the conviction set aside.

Real world impact

The decision requires that misdemeanor defendants in Alaska be tried by the historical twelve-person jury unless the Constitution itself is lawfully changed. The Court reversed the conviction and directed a new trial, signaling that Congress cannot use local Alaska rules to override those criminal-trial protections in an incorporated Territory.

Dissents or concurrances

Two Justices concurred in the result but gave different reasons: one said constitutional rights applied immediately on acquisition of Alaska, while another doubted the "incorporation" theory yet agreed the treaty and statutes protected the accused.