History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
The framers of the Constitution were not engaged in the same work of
creating new political societies, but they were to provide for such
surrenders by existing States of their present unquestioned
legislative authority, as the dictates of sound policy and the evils
of past experience seemed to require. When this subject was first
brought forward in the Convention, the restriction was made to embrace
all retrospective laws bearing upon contracts, which were supposed to
be included in the term "_ex post facto_ laws." It being ascertained,
however, that the latter phrase would not, in its usual acceptation,
extend to civil cases, it became necessary to consider how such cases
were to be provided for, and how far the prohibition should extend.
The provision of the Ordinance was regarded as too sweeping; no
legislature, it was said, ever did or can altogether avoid some
retrospective action upon the civil relations of parties to existing
contracts, and to require it would be extremely inconvenient. At
length, a description was found, which embodied the extent to which
the prohibition could with propriety be carried. The legislatures of
the States were restrained from passing any "law impairing the
obligation of contracts";--a provision that has been found amply
sufficient, and attended with the most salutary consequences, under
the interpretation that has been given to it.[305]
Bills of attainder and _ex post facto_ laws, which had not been
included in the prohibitions on the States by the committee of detail,
were added by the Convention to the list of positive restrictions,
which was thus completed.
Public-domain text, read in full here on John Shaqi.
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