Our Changing Constitution by Charles Wheeler Pierson
page 62 of 147 (42%)
page 62 of 147 (42%)
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that right and the Supreme Court reversed the judgment of the Virginia
Court of Appeals. [Footnote 1: 1 Wheat., 304 (1816.)] In _McCulloch v. State of Maryland_,[1] a case involving an attempt by the State of Maryland to tax the Bank of the United States, Marshall's doctrine of implied powers was elaborated, and the judgment of the state court upholding the tax was reversed. [Footnote 1: 4 Wheat., 316 (1819).] In the _Dartmouth College case_[1] the doctrine of the inviolability of contracts against attack by state legislation was further developed. An act of the state legislature of New Hampshire had sought to alter the charter of Dartmouth College, and the New Hampshire courts had upheld the legislature. The Supreme Court reversed the state court and declared the statute unconstitutional under the clause of the Constitution which declares that no state shall make any law impairing the obligation of contracts. [Footnote 1: _Dartmouth College v. Woodward_, 4 Wheat., 518 (1819).] In the great case of _Gibbons v. Ogden_[1] the Court asserted the paramount jurisdiction of the National Government over interstate commerce. This was one of the most important and far-reaching of all Marshall's decisions. An injunction had been granted by Chancellor Kent and unanimously sustained by the Court of Errors of New York, restraining Gibbons from navigating the Hudson River by steamboats licensed by Congress for the coasting trade on the ground that he was |
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