The Arlington Cemetery Case: A Court and a Nation Divided

37 The Journal of Supreme Court History 1 (March 2012)

20 Pages Posted: 14 Dec 2012 Last revised: 21 Dec 2012

Date Written: March 1, 2012


In May 1861, the United States Army seized the Virginia home of Confederate General Robert E. Lee and his wife, Mary Lee. During the Civil War, the Lincoln Administration converted the estate into a refugee camp for runaway slaves and a military cemetery, a burial ground that is known today as Arlington National Cemetery. In December 1882, seventeen years after Lee surrendered at Appomattox, the United States Supreme Court ruled that the federal government had unlawfully seized the Arlington estate without paying just compensation to the Lee family. It further held that the doctrine of sovereign immunity did not bar the Lees from bringing suit to vindicate their legal title to the property. In the aftermath of the Supreme Court’s ruling, Congress reached a settlement agreement with the Lee family. Arlington National Cemetery has remained the lawful property of the United States ever since. The Supreme Court’s ruling in United States v. Lee made clear that the Constitution is not suspended in wartime. At all times, legal and constitutional limits govern the exercise of official power. This article tells the story of United States v. Lee and places the case in historical context.

Keywords: legal history, Civil War, sovereign immunity, Supreme Court, takings clause

Suggested Citation

Gaughan, Anthony J., The Arlington Cemetery Case: A Court and a Nation Divided (March 1, 2012). 37 The Journal of Supreme Court History 1 (March 2012) , Available at SSRN:

Anthony J. Gaughan (Contact Author)

Drake University - Law School ( email )

27th & Carpenter Sts.
Des Moines, IA 50311
United States
5152712060 (Phone)


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