It was in this spirit that the court rendered judgment in the case of
_Green_ v. _Biddle_ (1823), which gave deep offense to the people of
Kentucky by setting aside as unconstitutional the so-called "Occupying
Claimant Laws." The remonstrance of the legislature was all the more
bitter because the decision had been rendered by a bench of only four
judges, one of whom dissented from the majority opinion. The resolutions
of the legislature demanded a reorganization of the court in such wise
that the concurrence of at least two thirds of the judges should be
necessary in an opinion affecting the validity of state laws. And when
Congress made no response, the lower House called upon the governor to
express his opinion "whether it may be advisable to call forth the
physical power of the State to resist the execution of the decisions of
the court, or in what manner the mandates of said court should be met by
disobedience." But Kentucky like Virginia kept well within the legal
limits of petition and remonstrance.
In Ohio, also, there was an ominous spirit of resistance to the force of
precedent. Notwithstanding the decision of the court in the case of
_M'Culloch_ v. _Maryland_, the general assembly of that State not only
enacted a law to tax the local branch of the National Bank, but actually
seized the amount of the tax. Suit was thereupon brought against the
state auditor; and in spite of the vigorous remonstrance of the
legislature, the Supreme Court again sustained the constitutionality of
the Bank and declared the state tax unconstitutional. The State was
ultimately obliged to make restitution of the funds of the Bank.
[Map: Canals in the United States about 1825]
Meantime, the national judiciary had contributed to the expansion of the
Constitution in notable ways; sometimes by affirming the
constitutionality of powers exercised by the President or Congress, and
at other times by narrowing the limits of state authority. In the case
of the _American Insurance Company_ v. _Canter_, twenty-five years after
the acquisition of Louisiana, Marshall affirmed the constitutionality
of the treaty which had so aroused Jefferson's misgivings. "The
Constitution," said the Chief Justice, "confers absolutely on the
Government of the Union the powers of making war and of making treaties;
consequently, that Government possesses the power of acquiring
territory, either by conquest or by treaty."
In two instances, on the other hand, the Supreme Court gave an
interpretation of the "obligation of contracts" clause of the
Constitution which seriously limited the powers of the States. In the
case of _Fletcher_ v. _Peck_ (1810), the court declared unconstitutional
an act of the legislature of Georgia which attempted to revoke the
notorious Yazoo land grants of 1795. A grant was held to be a contract
within the meaning of the Constitution; and the court found no adequate
ground for exempting such contracts from the prohibition of the
Constitution.
Public-domain text, read in full here on John Shaqi.
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