Madison, 5 U. Act of February 20, 2 Stat. Reichart v. Felps, 73 U. Act of March 6, 3 Stat. Bolling v. Sharpe, U. Act of March 3, 12 Stat. The Justices v. Murray, 76 U. Act of June 30, 13 Stat. The Alicia, 74 U. Act of January 24, 13 Stat. Act of March 2, 14 Stat.
Dewitt, 76 U. Act of May 31, 16 Stat. Act of July 12, 16 Stat. Act of March 3, ch. Act of June 22, 18 Stat. Dissenting: Harlan, Day Trade-Mark Cases, U. Revised Statutes , subdivision 9 Act of March 2, , 14 Stat. Fox, 95 U. Dissenting: Harlan, Brown Revised Statutes Act of April 20, , 17 Stat. Dissenting: Harlan Callan v.
Wilson, U. Act of March 1, 18 Stat. Act of March 3, 18 Stat. Dissenting: Brown, McKenna Act of July 12, 19 Stat. Act of August 11, 25 Stat. Monongahela Navigation Co. Act of May 5, 27 Stat. Concurring in part and dissenting in part: Field Joint Resolution of August 4, 28 Stat. Jones v. Meehan, U.
Act of August 27, 28 Stat. Act of January 30, 29 Stat. Act of June 1, 30 Stat. Dissenting: McKenna, Holmes Act of June 13, 30 Stat.
Same 30 Stat. Hvoslef, U. Act of June 6, 31 Stat. Concurring specially: Harlan, Brown Act of March 3, 31 Stat. Evans, U. Act of June 11, 34 Stat. Act of June 16, 34 Stat. Act of February 20, 34 Stat. Dissenting: Holmes, Harlan, Moody Act of March 1, 34 Stat. Muskrat v. Act of May 27, 35 Stat. Choate v.
Trapp, U. Concurring specially: Black, Douglas Act of August 19, 37 Stat. Act of June 18, 37 Stat. Act of March 4, 37 Stat. Potomac Elec. Act of September 1, 39 Stat. Act of September 8, 39 Stat. Dissenting: Holmes, Day, Brandeis, Clarke Act of October 6, 40 Stat.
Dissenting: Holmes, Pitney, Brandeis, Clarke Act of September 19, 40 Stat. Act of February 24, 40 Stat. Dissenting: Holmes, Brandeis Concurring specially only in the result : Holmes, Brandeis, Sanford, Stone Act of August 24, 42 Stat. Hill v. Wallace, U. Trusler v. Crooks, U. Act of November 23, 42 Stat. Dissenting: Brandeis, Holmes, Stone Act of June 10, 42 Stat.
Dissenting: Brandeis Act of June 2, 43 Stat. Dissenting: Holmes, Brandeis, Stone Act of February 26, 44 Stat. Dissenting: Stone, Brandeis Dissenting: Cardozo, Brandeis, Stone Act of March 20, 48 Stat. Lynch v. Act of May 12, 48 Stat. Dissenting: Stone, Brandeis, Cardozo Joint Resolution of June 5, 48 Stat. Act of June 16, 48 Stat. Booth v. Act of April 27, 48 Stat. Cleary, U. Act of May 24, 48 Stat.
Act of June 19, , ch. Justices concurring specially: Thomas Act of June 27, 48 Stat. Act of June 28, 48 Stat. Louisville Bank v.
Radford, U. Act of August 24, 48 Stat. Rickert Rice Mills v. Fontenot, U. Act of August 29, , ch. Justice concurring specially: Stevens Act of August 30, 49 Stat. Concurring in part and dissenting in part: Cardozo, Brandeis, Stone Act of February 15, , ch. Act of June 25, 52 Stat.
Dissenting: Burton Act of June 30, 52 Stat. Weinberger v. Wiesenfeld, U. Act of November 15, 57 Stat. Concurring specially: Frankfurter, Reed Act of July 5, Pub. Act of July 31, ch. Chief of Capitol Police v. Jeanette Rankin Brigade, U. Act of June 25, 62 Stat. Dissenting: White, Black Act of August 18, 63 Stat. Concurring in part and dissenting in part: Marshall, Stevens Act of May 5, 64 Stat.
Dissenting: Reed, Burton, Minton Concurring specifically: Frankfurter, Harlan Dissenting: Clark, Burton Insofar as the aforementioned provision is invoked in time of peace for the trial of noncapital offenses committed on land bases overseas by employees of the armed forces who have not been inducted or who have not voluntarily enlisted therein, it violates the Sixth Amendment. Act of August 16, 64 Stat.
Blount v. Rizzi, U. Silbowitz, U. Act of September 23, 64 Stat. Albertson v. Subversive Activities Control Board, U. Kalina, U. Dissenting: Harlan, Clark, Stewart, White Act of June 27, 66 Stat. Dissenting: Clark, Harlan, White Act of August 16, ch. Justices dissenting: Kennedy, Ginsburg Concurring specially: Black Dissenting: Harlan, Stewart, White Schacht v. Romano, U. Act of September 2, Pub. Justice dissenting: Stevens Lamont v.
Postmaster General, U. Act of October 15, 76 Stat. Act of December 16, 77 Stat. Tilton v. Act of August 6, Pub. Dissenting: Brennan, White, Marshall, Stevens Richardson v. Davis, U. Westcott, U. Act of June 22, ch.
Fletcher v. Peck , 10 U. A Georgia statute annulling conveyance of public lands authorized by a prior enactment violated the Contracts Clause Art. Justices concurring: Marshall, C. A New Jersey law purporting to repeal an exemption from taxation contained in a prior enactment conveying certain lands violated the Contracts Clause Art. Knoop, 57 U. Retroactive operation of a New York insolvency law to discharge the obligation of a debtor on a promissory note negotiated prior to its adoption violated the Contracts Clause Art.
A Louisiana insolvency law had no extraterritorial operation, and, although adopted in , its invocation to relieve a debtor of an obligation contracted by him in , while a resident of South Carolina, offended the Contracts Clause Art. Under the principle of national supremacy Art.
VI , which immunizes instrumentalities of the Federal Government from state taxation, a Maryland law imposing a tax on notes issued by a branch of the Bank of United States was held unconstitutional. A New Hampshire law that altered a charter granted to a private eleemosynary corporation by the British Crown prior to the Revolution violated the Contracts Clause Art.
A Pennsylvania insolvency law, insofar as it purported to discharge a debtor from obligations contracted prior to its passage, violated the Contracts Clause Art. Because the compact between Virginia and Kentucky negotiated on the occasion of the separation of the latter from the former stipulated that rights in lands within the ceded area should remain valid and secure under the laws of Kentucky, and should be determined by Virginia law as of the time of separation, a subsequent Kentucky law that diminished the rights of a lawful owner by reducing the scope of his remedies against an adverse possessor violated the Contracts Clause Art.
Although a New York insolvency law may be applied to discharge a debt contracted subsequently to the passage of such law, the statute could not be accorded extraterritorial enforcement to the extent of discharging a claim sought to be collected by a citizen of another state either in a federal court or in the courts of other states.
Justices concurring: Johnson, Marshall, C. Consistently with the principle of Ogden v. Saunders, a Maryland insolvency law could not be invoked to effect discharge of an obligation contracted in Louisiana subsequently to its passage. A Pennsylvania law that diminished the compensation of a federal officer by subjecting him to county taxes imposed an invalid burden on a federal instrumentality Art.
An Illinois mortgage moratorium statute that, when applied to a mortgage negotiated prior to its passage, reduced the remedies of the mortgage lender by conferring a new right of redemption upon a defaulting borrower, impaired an obligation of contract contrary to Art.
Justices concurring: Taney, C. As to stockholders of Maryland state banks afforded an exemption under prior act of , Maryland statute of taxing these stockholders impaired the obligation of contract.
A Mississippi statute that nullified the power of a bank under a previously issued charter to discount bills of exchange and promissory notes and to institute actions for collection of the same was void because it impaired an obligation of contract, in violation of Art. Because of the Contract Clause, the legislative repeal could neither affect such notes nor abrogate the pledge of the state to receive them in payment of debts. Because the incorporation by the territorial legislature of the university in operated to vest in the latter certain federal lands reserved for educational purposes, a subsequent enactment by Indiana ordering the sale of such lands and use of the proceeds for other purposes was invalid because of impairment of the contractual rights of the university.
Because state banks, on acceptance of a charter under the Ohio banking law of , were directed, in lieu of all taxes, to pay six percent of annual dividends to the states, a later statute that exposed these banks to higher taxes effected an invalid impairment of the obligation of contract. A California stamp tax imposed on bills of lading for gold or silver transported from California to any place outside the state was void as a tax on exports forbidden by Art.
An Alabama statute authorizing redemption of mortgaged property in two years after sale under a foreclosure decree, by bona fide creditors of the mortgagor could not be applied to sales under mortgages executed prior to the enactment without an unconstitutional impairment of the obligation of contracts under Art.
Securities of the United States being exempt from state taxation, inclusion of their value in the capital of a bank subjected to taxation by the terms of a New York law rendered the latter void. An New York law, enacted after the Bank of Commerce decision, was held invalid as, in effect, a tax on the securities of the United States. A Maine statute terminating the liability of corporate stock for the debts of the corporation impaired the obligation of contracts with respect to claims of creditors outstanding at the time of such termination.
An obligation of contract was impaired when the New York legislature, after having issued a charter to a bridge company containing assurances that erection of other bridges within two miles of said bridge would not be authorized, subsequently chartered a second company to construct a bridge within a few rods of the first. An Arkansas statute that repealed an grant of a tax exemption applicable to swamp lands, paid for either before or after repeal with scrip issued before the repeal, impaired a contract of the state with holders of such scrip Art.
Missouri constitutional provisions that required clergymen, as a prerequisite to the practice of their profession, to take an oath that they had never been guilty of hostility to the United States, or of certain other acts that were lawful when committed, was void as a bill of attainder and as an ex post facto law. An Illinois law limiting taxing powers granted to a municipality under a prior law authorizing it to issue bonds and amortize the same by levy of taxes impaired the obligation of contract under Art.
A Mississippi statute that prohibited enforcement of a judgment of a sister state against a resident of Mississippi whenever barred by the Mississippi statute of limitations violated the Full Faith and Credit Clause of Art.
A Louisiana statute that provided that port wardens might collect, in addition to other fees, a tax of five dollars from every ship entering the port of New Orleans, whether any service was performed or not, violated the Commerce Clause Art. A Nevada tax collected from every person leaving the state by rail or stage coach abridged the privileges of United States citizens to move freely across state lines in fulfillment of their relations with the National Government.
Pennsylvania was without jurisdiction to enforce its law taxing interest on railway bonds secured by a mortgage applicable to railway property part of which was located in another state.
Justices concurring: Chase, C. A Tennessee statute repealing prior law making notes of the Banks of Tennessee receivable in payment of taxes impaired the obligation of contract as to the notes already in circulation Art. Home of the Friendless v. Rouse , 75 U. A Missouri statute taxing corporations afforded tax exemption by their charter impaired the obligation of contract Art. State legislation cannot interfere with the disposition of the public domain by Congress, and therefore a Missouri statute of limitations, which was inapplicable to the United States, could not be applied so as to accord title to an adverse possessor as against a grantee from the United States, notwithstanding that the adverse possession preceded the federal conveyance.
Justices dissenting: Davis, Strong. A North Carolina statute that levied a tax on the franchise and property of a railroad that had been accorded a tax exemption by the terms of its charter impaired the obligation of contract. The Contracts Clause Art. Accord: Osborne v. Nicholson , 80 U. A Louisiana constitutional provision rendering unenforceable contracts, the consideration for which was Confederate money, was, because of the Contracts Clause Art.
A Pennsylvania law that imposed a tax on freight transported interstate, into and out of Pennsylvania, was an invalid regulation of interstate commerce. Justices concurring: Story, Chase, C. A Pennsylvania law, insofar as it directed domestic corporations to withhold on behalf of the state a portion of interest due on bonds owned by nonresidents, impaired the obligation of contract and denied due process by taxing property beyond its jurisdiction.
Justices concurring: Field, Chase, C. A Georgia constitutional provision that increased the amount of a homestead exemption impaired the obligation of contract, insofar as it applied to a judgment obtained under a less liberal exemption provision. A West Virginia Act of , depriving defendants of right to rehearing on a judgment obtained under an earlier law unless they made oath that they had not committed certain offenses, constituted an invalid bill of attainder and ex post facto law.
South Carolina taxing laws, as applied to a railroad whose charter exempted it from taxation, impaired the obligation of contract. A Georgia law restricting remedies for obtaining a judgment, so far as it affected prior contracts, impaired the obligation of contract.
A South Carolina act appropriating for payment of state debts the assets of an insolvent bank, in which the state owned all the stock, disadvantaged private creditors of the bank and thereby impaired the obligation of contract. A Missouri law that levied a tax on a railroad prior to expiration of a grant of exemption impaired the obligation of contract. Justices concurring: Waite, C.
A Wisconsin act admitting foreign insurance companies to transact business within the state, upon their agreement not to remove suits to federal courts, exacted an unconstitutional condition.
A Kansas act of , authorizing municipalities to issue bonds repayable out of tax revenues in support of private enterprise, amounted to collection of money in aid of a private, rather than public purpose, and violated due process. A North Carolina statute, insofar as it authorized a jury, in suits on contracts negotiated during the Civil War, to place their own estimates upon the value of such contracts instead of taking the value stipulated by the parties, impaired the obligation of such contracts.
A Missouri act that required payment of a license fee by peddlers of merchandise produced outside the state, but exempted peddlers of merchandise produced in the state, imposed an unconstitutional burden on interstate commerce.
A New York act of , that provided for collection from docking vessels of a fee measured by tonnage, imposed a tonnage duty in violation of Art. A Louisiana statute, that required a survey of hatches of every sea-going vessel arriving at New Orleans, contravened the federal power to regulate foreign and interstate commerce. A Missouri act prohibiting the bringing of cattle into the state between March and November contravened the power of Congress over interstate commerce.
A Louisiana Reconstruction Act that prohibited interstate common carriers of passengers from discriminating on the basis of race or color was held invalid as a regulation of interstate commerce.
A Tennessee law increasing the tax on a bank above the rate specified in its charter was held to impair the obligation of that contract. Justices dissenting: Strong, Clifford, Field. A provision of the Tennessee Constitution of that forbade the receipt for taxes of the bills of the Bank of Tennessee and declared the issues of the bank during the insurrectionary period void was held to impair the obligation of contract.
A Pennsylvania act taxing auction sales, when applied to sales of imported goods in the original packages, was void as a duty on imports and a regulation of foreign commerce.
A revenue law of Illinois, insofar as it modified tax exemptions granted to Northwestern University by an earlier statute, impaired the obligation of contract. Justices dissenting: Field, Clifford.
A Maryland statute and a Baltimore ordinance, levying tax solely on products of other states, was held to impose an invalid burden upon foreign and interstate commerce. A Virginia act, adopted subsequently to a law providing for the issuance of bonds and the acceptance of interest coupons thereon in full payment of taxes, that levied a new property tax collectible by way of deduction from such interest coupons, impaired the obligation of contract.
Justice dissenting: Miller. A Wisconsin act that repealed a prior statute authorizing payment of fixed sum for performance of a contract to complete a geological survey, impaired the obligation of contract, notwithstanding that the second act was enacted prior to total fulfillment of the contract. A Louisiana act withdrawing from New Orleans the power to levy taxes adequate to amortize previously issued bonds impaired the obligation of contract.
The general taxing laws for New Orleans when applied to the property of an asylum, whose charter exempted it from taxation, impaired the obligation of contract. Justices concurring: Bradley, Waite, C. A Texas tax collected on private telegraph messages sent out of the state imposed an invalid burden on foreign and interstate commerce, and, insofar as it was imposed on official messages sent by federal officers, it constituted an unconstitutional burden on a federal instrumentality.
A Missouri law that deprived a county of the taxing power requisite to meet interest payments on previously issued bonds impaired the obligation of contract. A West Virginia law authorizing a city to issue its bonds in aid of manufacturers was void because it sanctioned an expenditure of public funds for a private purpose contrary to due process.
A New York law imposing a tax on every alien arriving from a foreign country, and holding the vessel liable for payment of the tax, was an invalid regulation of foreign commerce. A Missouri law that abolished a rule existing at the time the crime was committed, under which subsequent prosecution for first degree murder was precluded after a conviction for second degree murder has been set aside on appeal, was void as an ex post facto law.
A Louisiana act that repealed the taxing authority of a municipality to pay judgments previously rendered against it impaired the obligation of contract. A Missouri act that authorized a city to issue bonds in aid of manufacturing corporations was void because it sanctioned defrayment of public moneys for other than public purpose and deprived taxpayers of property without due process. Pennsylvania taxing laws, when applied to the capital stock of a New Jersey ferry corporation carrying on no business in the state except the landing and receiving of passengers and freight, was void as a tax on interstate commerce.
A Virginia act that terminated a privilege accorded bondholders under prior law of tendering coupons from said bonds in payment of taxes impaired the obligation of contract Art. Virginia Act of , which provided that in suits to enforce contracts for the sale of property negotiated during the Civil War and payable in Confederate notes, the measure of recovery was to be the value of the land at the time of sale rather than the value of such notes at that time, impaired the obligation of contracts Art.
A Kentucky act of that chartered a corporation and authorized it to supply gas in Louisville, Kentucky, impaired the obligation of contract resulting from the grant of an exclusive privilege to an older company in When a public officer has completed services — , for which the compensation was fixed by law, an implied obligation to pay him at such rate arises, and such contract was impaired by a Louisiana constitutional provision of that reduced the taxing power of a parish to such extent as to deprive the officer of any effective means of collecting the sum due him.
An Alabama law that deprived Mobile and its successor of the power to levy taxes sufficient to amortize previously issued bonds impaired the obligation of contracts. A Michigan law taxing nonresidents soliciting sale of foreign liquors to be shipped into the state imposed an invalid restraint on interstate commerce. When a Virginia law provided that coupons on state bonds were acceptable in payment of state fees, a subsequent law requiring legal tender in payment of a professional license fee impaired the obligation of contract between the coupon holder and the state.
A law that imposed a penalty for practice without a license was void when applied where the license had been denied for failure to pay in legal tender. A Tennessee privilege tax on railway sleeping cars was void insofar as it applied to cars moving in interstate commerce.
A state cannot validly sell for taxes lands that the United States owned at the time the taxes were levied, but in which it ceased to have an interest at the time of sale Art. An Illinois law that prohibited long-short haul rate discrimination, when applied to interstate transportation, encroached upon the federal commerce power.
A Tennessee law taxing drummers not operating from a domestic licensed place of business, insofar as it applied to drummers soliciting sales of goods on behalf of outofstate business firms, was an invalid regulation of interstate commerce. A Maryland law licensing salesmen, insofar as it was applied to a New York resident soliciting orders on behalf of a New York firm, was an invalid regulation of interstate commerce.
An Iowa law that conditioned admission of a foreign corporation to do local business on the surrender of its right to invoke the diversity of citizenship jurisdiction of federal courts exacted an invalid forfeiture of a constitutional right. A Missouri law requiring certain petitions, not exacted when county bonds were issued, before taxes could be levied to amortize said bonds, impaired the obligation of contracts.
An Indiana statute concerning the delivery of telegrams, insofar as it applied to deliveries sent from Indiana to other states, was an invalid regulation of commerce. An Iowa liquor statute that required interstate carriers to procure a certificate from the auditor of the county of destination before bringing liquor into the state violated of the Commerce Clause.
A California tax levied on the franchise of interstate railway corporations chartered by Congress pursuant to its commerce power is void, Congress not having consented to it. An Ohio law that levied a tax on the receipts of a telegraph company was invalid to the extent that part of such receipts levied on were derived from interstate commerce. A Texas law that imposed a license tax on drummers violates the Commerce Clause as enforced against one who solicited orders for the purchase of merchandise from outofstate sellers.
A clause of a District of Columbia act that required commercial agents selling by sample to pay a license tax was held a regulation of interstate commerce when applied to agents soliciting purchases on behalf of principals outside the District of Columbia. Justices concurring: Fuller, C. An Alabama tax law, as applied to revenue of telegraph company made by sending messages outside the state, was held to be an invalid regulation of commerce.
A Colorado law, when applied to a person convicted of a murder committed prior to the enactment and that increased the penalty to be imposed, was void as an ex post facto law. Justices dissenting: Brewer, Bradley. A state rate-regulatory law that empowered a commission to establish rate schedules that were final and not subject to judicial review as to their reasonableness violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment.
Justices dissenting: Bradley, Gray, Lamar. A Michigan statute that taxed the sale of imported liquor in original package was held an invalid regulation of interstate commerce. Virginia acts that stipulated that, if the genuineness of coupons tendered in payment of taxes was in issue, the bond from which the coupon was cut must be produced, that precluded use of expert testimony to establish the genuineness of the coupons, and that, in suits for payment of taxes, imposed on the defendant tendering coupons as payment the burden of establishing the validity of said coupons, were deemed to abridge the remedies available to the bondholders so materially as to impair the obligation of contract.
A Pennsylvania act that imposed a license tax on foreign corporation common carriers doing business in the state was held to be invalid as a tax on interstate commerce.
A Minnesota statute that made it illegal to offer for sale any meat other than that taken from animals passed by state inspectors was held to discriminate against meat producers from other states and to place an undue burden upon interstate commerce.
A Virginia statute prohibiting sale of meat killed miles or more from place of sale, unless it was first inspected in Virginia, held void as interference with interstate commerce and imposing a discriminatory tax. United States v. Brown, U. The prohibition embodied in this clause is not to be narrowly construed in the context of traditional forms but is to be interpreted in accordance with the designs of the framers so as to preclude trial by legislature, which would violate the separation of powers.
Four dissenting Justices, however, denied that any separation of powers concept underlay the clause. Lovett, U. That the Court has applied the clause dynamically is revealed by a consideration of the three cases in which acts of Congress have been struck down as violating it. In Ex parte Garland , 6 Footnote 71 U. The statute, and a state constitutional amendment requiring a similar oath of persons before they could practice certain professions, 7 Footnote Cummings v. Then, in United States v.
Brown , 9 Footnote U. It was impermissible, however, for Congress to designate a class of persons—members of the Communist Party—as being forbidden to hold union office.
This means that if you believe that a law breaches the Constitution or your fundamental rights, you may bring proceedings in the High Court. The constitutionality of an Act that has not yet commenced may be challenged where an order commencing it could be made at any time.
Notice of the proceedings must be served on the Attorney General. In order to challenge the constitutionality of legislation, you must show that you have "sufficient interest" in the proceedings, that is, that the legislation affects you in some real way. You must also show that you have an arguable case, that is, that your case has grounds. The High Court will examine the legislation in question and decide whether or not it conflicts with the Constitution.
If it decides that the legislation does conflict with the Constitution, it may annul or cancel the law or the part of it that is unconstitutional. If you wish to begin judicial proceedings, you should contact a solicitor who will in turn brief a barrister to draft the papers for the case.
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