Book-bot.com - read famous books online for free

Our Changing Constitution by Charles Wheeler Pierson
page 61 of 147 (41%)
to declare an act of Congress void as in conflict with the Constitution.
Some years elapsed, however, before a case was decided which squarely
involved a conflict between the powers of the Federal Government and the
powers of a state. The issue came up in the case of _United States v.
Judge Peters_.[2] This case involved a conflict of jurisdiction between
the federal courts and the authorities of the State of Pennsylvania over
the distribution of some prize money. Marshall's decision was a strong
assertion of the federal jurisdiction and power. The Governor of
Pennsylvania, under sanction of the state legislature, called out the
state militia to resist enforcement of the judgment of the Court.
Matters were tense for a time and bloodshed seemed imminent but the
state finally backed down.

[Footnote 1: 1 Cranch, 137.]

[Footnote 2: 5 Cranch, 115, decided in 1809.]

In the following year (1810) came the case of _Fletcher v. Peck_,[1] in
which for the first time a statute of a state was held by the Supreme
Court to be void as repugnant to the Federal Constitution. The State of
Georgia had sought by statute to destroy rights in lands acquired under
a previous act. It was held that the statute was unconstitutional as
impairing the obligation of contracts within the meaning of the
Constitution.

[Footnote 1: 6 Cranch, 87.]

In _Martin v. Hunter's Lessee_[1] was asserted the right of the Federal
Supreme Court to overrule the judgment of a state court on questions
arising under the Federal Constitution. The State of Virginia had denied
DigitalOcean Referral Badge