Monopolies -- United States; Railroads and state -- United States
We think also that it is inconsistent with the spirit of the
constitution in that it impairs the obligation of contracts. In the
opinion of the then minority it is frankly said: "Undoubtedly it is a
law impairing the obligation of contracts made before its passage," but
it is immediately added: "While the constitution forbids the states to
pass such laws, it does not forbid congress," and this opinion, as well
as the opinion just read, refers to the express authority to establish a
uniform system of bankruptcy as a proof that it was not the intention of
the constitution to withhold that power. It is true that the
constitution grants authority to pass a bankrupt law, but our inference
is, that in this way only can congress discharge the obligation of
contracts. It may provide for ascertaining the inability of debtors to
perform their contracts, and, upon the surrender of all their property
may provide for their discharge. But this is a very different thing
from providing that they may satisfy contracts without payment, without
pretence of inability, and without any judicial proceeding.
That congress possesses the general power to impair the obligation of
contracts is a proposition which, to use the language of Chief Justice
Marshall, "must find its vindication in a train of reasoning not often
heard in courts of justice." "It may well be added," said the same great
judge, "whether the nature of society and of government does not
prescribe some limits to legislative power; and, if any be prescribed,
where they are to be found, if the property of an individual, fairly and
honestly acquired, can be seized without compensation? To the
legislature all legislative power is granted, but the question whether
the act of transferring the property of an individual to the public is
in the nature of a legislative power is well worthy of serious
reflection."
And if the property of an individual cannot be transferred to the
public, how much less to another individual?
Public-domain text, read in full here on John Shaqi.
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