Constitutional US Law

Tag: Art. 1. Sec. 10

  • Obligation

    "Obligation" Defined (Obligation of Contracts)A contract is analyzable into two elements: the agreement, which comes from the parties, and the obligation, which comes from the law and makes the agreement binding on the parties. The concept of obligation is an importation from the civil law…

  • Grants of Franchise

    Grants of Franchise to Corporations by Two States (Interstate Compacts)It is competent for a railroad corporation organized under the laws of one state, when authorized so to do by the consent of the state that created it, to accept authority from another state to extend its railroad into such state…

  • Impair

    "Impair" Defined (Obligation of Contracts)Defined.&emdash;"The obligations of a contract," said Chief Justice Hughes for the Court in Home Building & Loan Ass'n v. Blaisdell,1 "are impaired by a law which renders them inv…

  • Inspection Laws

    Inspection Laws (Duties on Exports or Imports)Inspection laws "are confined to such particulars as, in the estimation of the legislature and according to the customs of trade, are deemed necessary to fit the inspected article for the market, by giving the purchaser public assurance that the art…

  • Interstate Compacts

    Clause 3. Tonnage Duties and Interstate CompactsNo State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in s…

  • Keeping Troops

    Keeping TroopsThis provision contemplates the use of the state's military power to put down an armed insurrection too strong to be controlled by civil authority,1 and the organization and maintenance of an active state militia is not a keeping of…

  • Legal Tender

    Legal Tender 1 (Powers Denied to the States)Relying on this clause, which applies only to the states and not to the Federal Government, the Supreme Court has held that, where the marshal of a state court received state bank notes in payment and disch…

  • Consent of Congress

    Interstate Compacts: Consent of CongressThe Constitution makes no provision with regard to the time when the consent of Congress shall be given or the mode or form by which it shall be signified.1 While the consent will usually precede the compact or…

  • Contract Clause

    "Law" DefinedThe Contract Clause provides that no state may pass a "Law impairing the Obligation of Contracts," and a "law" in this context may be a statute, constitutional provision,1 municipal ordinance,<a name=t2 href…

  • Corporate Charters

    Corporate Charters: Different Ways of RegardingRegarding.&emdash;There are three ways in which the charter of a corporation may be regarded. In the first place, it may be thought of simply as a license terminable at will by the state, like a liquor-seller's license or an auctioneer's license…

  • Doctrine of Inalienability

    Doctrine of Inalienability as Applied to Eminent Domain, Taxing, and Police PowersThe second of the doctrines mentioned above, whereby the principle of the subordination of all persons, corporate and individual alike, to the legislative power of the state has been fortified, is the doctrine that cer…

  • Duties on Exports and Imports

    Clause 2. Duties On Exports and ImportsNo State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or …

  • Ex Post Facto Clause

    Ex Post Facto Laws: Changes in ProcedureAn accused person does not have a right to be tried in all respects in accordance with the law in force when the crime charged was committed.1 Laws shifting the place of trial from one county to another,<a name…

  • Ex Post Facto Laws

    Clause 3. Bills of Attainder and Ex Post Facto LawsNo Bill of Attainder or ex post facto Law shall be passed….

  • Ex Post Facto Laws and Punishment

    What Constitutes PunishmentThe issue of whether a law is civil or punitive in nature is essentially the same for ex post facto and for double jeopardy analysis.1 "A court must ascertain whether the legislature intended the statute to establish c…