Seth Barrett Tillman: The Case of the Ship Money, R v Hampden 3 State Trials 381 (1640), and its relevance today
In The Ship Money Case [R v Hampden 3 State Trials 825 (1637), superseded by Act Declaring the Illegality of Ship-Money, Aug. 7, 1641, 17 Charles I, chapter 14], a bare majority of the judges of the Court of Exchequer Chamber voted for the Crown and against Hampden, the tax payer, who objected to being forced to pay purported taxes absent parliamentary consent.
100 years from now which will be recognized as the more odious decision? Hampden or Miller? Hampden merely opposed Parliament; Miller opposed a national popular referendum.
Read the whole, brief, thing.
(I’m guessing Hampden wasn’t one of the foreign laws our own Justice Ginsburg had in mind.)