Studies in Historical and Political Science; Extra Volumes Volume 7

Studies in Historical and Political Science; Extra Volumes Volume 7

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt: ... to a consideration of other decisions of the Supreme Court regulating other points of contact between the National and State governments. l 21 Howard, 506. '4 Wheat., 316... The restriction laid upon States regarding the violation of contracts, has given rise to important cases, the decisions in which, while of the gravest importance in constitutional law, and in their economic bearings, need not detain us long, as in them there were determined no novel points of especial importance bearing upon the proper relations to be maintained by the States towards the Union. The decisions have turned almost entirely upon the question of what constitutes a contract. In Fletcher v. Peck' decided in l810, a case arising in connection with the " Yazoo Frauds," a state law was first "broken," for being a violation of the sanctity of contracts. The case is also important as being the second instance in which a state law was voided by the Supreme Court. The proper meaning of the word contract was next discussed in New York v. l'Vils0n, a11d again in Territ v. Taylor." That case, however, which is best known in connection with this subject, is that of Dartmouth Oollege v. Woodward.' It derives its importance, however, more from the prominence of the parties involved, and the thoroughness with which the question was discussed, than from the settlement of any really new points of controversy. The decision turned entirely upon the proper interpretation of the word contract.' In Gibbons v. Ogden, ' it was decided that the State of New York, had, though probably unintentionally, entered a field of-J jurisdiction already exclusively entered by the federal govern( ment; namely, the regulation of more

Product details

  • Paperback | 38 pages
  • 189 x 246 x 2mm | 86g
  • United States
  • English
  • black & white illustrations
  • 123684145X
  • 9781236841452