The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
[200] McCrackin _v._ Hayward, 2 Howard, 608 (1844). All legal remedies
for the enforcement of a contract belonging to it at the time and place
when and where it is made are a part of its obligation. Any provision
of a State law or constitution impairing such remedies are void. Gunn
_v._ Barry, 15 Wallace, 610 (1872); Mitchell _v._ Clark, 110 U. S.
(1884). But the prohibition, in the Constitution, of any State to make
any law impairing the obligation of contracts “did not give to Congress
power to provide laws for the general enforcement of contracts; nor
power to invest the courts of the United States with jurisdiction
over contracts, so as to enable parties to sue upon them in those
courts. It did, however, give the power to provide remedies by which
the impairment of contracts by State legislation might be counteracted
and corrected: and this power was exercised.” Civil Rights Cases, 109
U. S., 3 (1883).
[201] Juilliard _v._ Greenman, 110 U. S., 421 (1884), and see note
_supra_, p. 92.
[202] Consult Mitchell _v._ Clark, 110 U. S., 633 (1884) from which the
quotation is taken.
[203] This raises the whole question of national sovereignty.
[204] Amendment V.; XIV.
[205] Missouri Pacific Ry. _v._ Nebraska, 164 U. S., 403 (1896).
[206] Pennoyer _v._ Neff, 95 U. S., 714 (1877); Arndt _v._ Griggs, 134
U. S., 316 (1890).
[207] Cunnius _v._ Reading School District, 198 U. S., 458 (1905),
sustaining a Pennsylvania statute that provided for administration upon
estates of persons presumed to be dead by reason of long absence from
the State. Mattingly _v._ District of Columbia, 97 U. S., 687 (1878);
that which a State Legislature may have dispensed with by a prior
statute it may dispense with by a subsequent one; an irregularity or
defect which might be made immaterial by prior law, the Legislature has
power to make immaterial by a subsequent law. Cooley, Constitutional
Limitations, 371.
[208] License Cases, 5 Howard, 588.
[209] Bartemeyer _v._ Iowa, 18 Wallace, 129.
[210] Foster _v._ Kansas, 112 U. S., 201.
[211] Mugler _v._ Kansas, 123 U. S., 623 (1887).
[212] _Idem._
[213] Amendment V.
[214] Pumpelly _v._ Green Bay Co., 13 Wallace, 166 (1871).
[215] _Idem._
[216] Preceding case and Central Bridge Corporation _v._ City of
Lowell, Gray (Mass.), 474 (1855).
[217] Pierce _v._ Drew, 136 Mass., 75 (1883). The case grew out of
plaintiff’s claim for damages because the town had granted a telegraph
company the right to erect its poles, wires, etc., along the highway
abutting plaintiff’s land. The highway being land in public use,
plaintiff claimed indirect or consequential damages because of the
erection of the poles, wires, etc., of the duly franchised telegraph
company. Plaintiff’s complaint was (_inter alia_) that said poles,
wires, etc., disfigured and depreciated his property. See also Bedford
_v._ U. S., 192 U. S., 217 (1904); the principle therein further
examined.
[218] Kohl _v._ United States, 91 U. S., 367 (1875).
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