The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To DemocracySmith, J. Allen (James Allen)
History
The Spirit of American Government: A Study Of The Constitution: Its Origin, Influence And; Relation To Democracy
Smith, J. Allen (James Allen)
Constitutional history -- United States; United States -- Politics and government
The disposition to guard the interests of the property-holding class
rather than to prevent legislation for their advantage is also seen in
the interpretation which has been given to the provision forbidding the
states to pass any laws impairing the obligation of contracts. The
framers of the Constitution probably did not have in mind the extended
application which the courts have since made of this limitation on the
power of the states. Perhaps they intended nothing more than that the
states should be prevented from repudiating their just debts. But
whatever may have been the intention of the framers themselves, the
reactionary movement in which they were the recognized leaders, finally
brought about a much broader and, from the point of view of the
capitalist class, more desirable interpretation of this provision.
There is evidence of a desire to limit the power of the states in this
direction even before the Constitutional Convention of 1787 assembled.
The legislature of Pennsylvania in 1785 passed a bill repealing an act
of 1782 which granted a charter to the Bank of North America. James
Wilson, who is said to have suggested the above-mentioned clause of the
Federal Constitution, made an argument against the repeal of the
charter, in which he claimed that the power, or at least the right of
the legislature, to modify or repeal did not apply to all kinds of
legislation. It could safely be exercised, he thought, in the case of "a
law respecting the rights and properties of all the citizens of the
state."
"Very different," he says, "is the case with regard to a law, by which
the state grants privileges to a congregation or other society.... Still
more different is the case with regard to a law by which an estate is
vested or confirmed in an individual: if, in this case, the legislature
may, at discretion, and without any reason assigned, divest or destroy
his estate, then a person seized of an estate in fee-simple, under
legislative sanction, is, in truth, nothing more than a solemn tenant at
will....
"To receive the legislative stamp of stability and permanency, acts of
incorporation are applied for from the legislature. If these acts may be
repealed without notice, without accusation, without hearing, without
proof, without forfeiture, where is the stamp of their stability?... If
the act for incorporating the subscribers to the Bank of North America
shall be repealed in this manner, a precedent will be established for
repealing, in the same manner, every other legislative charter in
Pennsylvania.... Those acts of the state, which have hitherto been
considered as the sure anchors of privilege and of property, will become
the sport of every varying gust of politics, and will float wildly
backwards and forwards on the irregular and impetuous tides of party and
faction."[184]
In 1810 the case of Fletcher v. Peck[185] was decided in the Supreme
Court of the United States. Chief Justice Marshall, in delivering the
opinion of the court, said:
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account