Government and Administration of the United StatesWilloughby, Westel Woodbury
History
Government and Administration of the United States
Willoughby, Westel Woodbury
United States -- Politics and government
1. In 1793 the case of _Chisolm_ vs. _Georgia_ came before this court.
Chisolm, a citizen of North Carolina, sued the State of Georgia for a
sum of money, and under the second section of Article III of the
Constitution, which says that the judicial power of the United States
shall extend to disputes between a State and citizens of another State,
the court gave judgment in his favor. This decision that a State
government could be sued against its will created so much
dissatisfaction that the Eleventh Amendment was adopted, which says,
"the judicial power of the United States shall not be construed to
extend to any suit in law or equity commenced or prosecuted against one
of the United States by citizens of another State, or by citizens or
subjects of any foreign State." The effect of this amendment has been to
enable a State to repudiate its just debts.
2. In 1819 was decided the very important case of _McCulloch_ vs.
_Maryland_. The United States had established a national bank, which was
objectionable to many of the States. Maryland attempted to destroy the
bank by levying a very high tax upon a branch bank within the State. The
question as to her right to do this was brought before the Supreme
Court. To have allowed Maryland this right would have been to give to a
State Government the power to oppose and render useless an institution
created by the Federal Government. The court sustained the Federal
power, and it was declared unconstitutional for any State to pass laws
opposing the operation of any Federal statute.
3. In the case of _Dartmouth College_ vs. _New Hampshire_ was declared
the unconstitutionally of a state law which impaired the obligation of
contracts.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account