Wednesday, August 24, 2011

Legal Obedience

Legal Obedience:

You might say, "Williams, while there are gray areas in the Constitution, the U.S. Supreme Court would never brazenly rule against clear constitutional prohibitions!" That's nonsense.

The first clause of Article 1, Section 10 mandates that "No State shall ... pass any ... Law impairing the Obligation of Contracts." During the Great Depression, the U.S. Supreme Court upheld a Minnesota law that restricted the ability of banks to foreclose on overdue mortgages, thereby impairing contracts made between lender and borrower. To prevent this kind of contract impairment -- routinely done under the Articles of Confederation -- was precisely why the Framers added the clause.

Another, perhaps more egregious example of the Supreme Court's impairing contracts came..............

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