Our Changing Constitution by Charles Wheeler Pierson
page 61 of 147 (41%)
page 61 of 147 (41%)
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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 |
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