Opinions Delivered By the Judges of the Court of Appeals, On the Constitutionality of the Act of Congress Declaring Treasury Notes a Legal Tender for the Payment of Debts
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This point was expressly decided by Judge Washington, in Evans v. Eaton, 1 Peters 0. 0. Rep., 322. He said there is nothing in the Constitution of the United States, which forbids congress to pass laws violating the obligation of contracts, although such a power is denied to the states.
Congress in the exercise of its delegated powers, may unquestionably pass laws, the effect of which would un- doubtedly be to impair or aifect the validity of contracts.
An act declaring war would annul a vast a...mount of con- tracts, based on a contemplated peace, yet the power to declare war by congress is undoubted, and the effect its exercise would have on existing contracts could in no manner circumscribe or affect the exercise of the power.
The embargo acts, passed during the administration of Mr. Jefferson, not only impaired but destroyed numerous contracts, entered into upon the assumption that commer- 50 cial relations were to continue uninterrupted, but the acts were adjudged to be constitutional on the ground that the power to make them was incidental to and a corollary from the right to regulate commerce.
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To quickly assess the difficulty of the text, read a short excerpt:
This point was expressly decided by Judge Washington, in Evans v. Eaton, 1 Peters 0. 0. Rep., 322. He said there is nothing in the Constitution of the United States, which forbids congress to pass laws violating the obligation of contracts, although such a power is denied to the states.
Congress in the exercise of its delegated powers, may unquestionably pass laws, the effect of which would un- doubtedly be to impair or aifect the validity of contracts.
An act declaring war would annul a vast a...mount of con- tracts, based on a contemplated peace, yet the power to declare war by congress is undoubted, and the effect its exercise would have on existing contracts could in no manner circumscribe or affect the exercise of the power.
The embargo acts, passed during the administration of Mr. Jefferson, not only impaired but destroyed numerous contracts, entered into upon the assumption that commer- 50 cial relations were to continue uninterrupted, but the acts were adjudged to be constitutional on the ground that the power to make them was incidental to and a corollary from the right to regulate commerce.
What to read after Opinions Delivered By the Judges of the Court of Appeals, On the Constitutionality of the Act of Congress Declaring Treasury Notes a Legal Tender for the Payment of Debts?
You can find similar books in the "Read Also" column, or choose other free books by New York (State). Court of Appeals to read onlineMoreLess
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