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The Essentials of American Constitutional Law

Note 200 — Chapter VI · THE LAW OF CONTRACTS AND PROPERTY

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McCrackin v. Hayward, 2 Howard, 608 (1844). All legal remedies for the enforcement of a contract belonging to it at the time and place when and where it is made are a part of its obligation. Any provision of a State law or constitution impairing such remedies are void. Gunn v. Barry, 15 Wallace, 610 (1872); Mitchell v. Clark, 110 U. S. (1884). But the prohibition, in the Constitution, of any State to make any law impairing the obligation of contracts “did not give to Congress power to provide laws for the general enforcement of contracts; nor power to invest the courts of the United States with jurisdiction over contracts, so as to enable parties to sue upon them in those courts. It did, however, give the power to provide remedies by which the impairment of contracts by State legislation might be counteracted and corrected: and this power was exercised.” Civil Rights Cases, 109 U. S., 3 (1883).

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