The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
71. A State may incorporate a bank which, by its charter, is
empowered to issue, and does issue, stock, bills, or notes. These are
contracts. By its police power the State may repeal that section
of the bank’s charter authorizing issues of notes, but legislation
affecting the stock, or notes, so as to impair their obligation is
unconstitutional.[187] The question is not one of currency but of
impairing the obligation of a contract. A legislature may make a
contract binding upon later legislatures,—as a law existing at the
time contracts under it are made, it becomes part of them, but a
municipal act levying a tax upon city bonds held by non-residents
diminishes the value of the bonds and therefore impairs the obligation
of a contract.[188] For the bonds call for a certain interest payment
at a certain time, and a tax upon them, and retaining the same from
payment, make an entirely different contract from the original. The
constitutional provision against impairing contract obligations is a
limitation on the taxing power as well as on all legislation—whatever
its form.[189]
72. But such limitation must not be confused with legitimate exercise
of the police powers of the State. Thus an arrangement determinable at
the will of either party is not a contract beyond control, change, or
cessation under the police power. For example, a bounty law, as for
killing destructive animals, or for the encouragement of manufactures
(the boring of salt wells and pumping of water from them for making
salt), does not involve the State in a contract. It is a matter purely
voluntary on the part of those who avail themselves of the opportunity,
and the Legislature may or may not continue the law at discretion, as a
matter of public policy.[190]
73. The execution of an office to which a person has been lawfully
elected, or appointed, by the performance, by him, of its duties, is
a completed contract, with perfect obligation to pay for services
rendered at the rate of compensation fixed by the contract, and this
obligation can no more be impaired by a law of the State than that
arising on a promissory note.[191]
74. The charters of private charitable institutions are contracts
within the letter of the Constitution, and their obligation cannot be
impaired without violating it.[192] But if a charter to a corporation,
for example a railroad, or a college, provides for possible alteration
or amendment by the Legislature of the State, such power of alteration
duly exercised by a later Legislature is not unconstitutional as
impairing the obligation of a contract.[193]
75. The police power of the State extends to the protection of the
lives, health, and property of citizens, and to the preservation of
good order and the public morals, nor can the Legislature, by any
contract, divest itself of the power to provide for these objects.
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