Government and Administration of the United States by William F. Willoughby;Westel W. Willoughby
page 79 of 158 (50%)
page 79 of 158 (50%)
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sum of money, and under the second section of Article III of the
Constitution, which says that the judicial power of the United States shall extend to disputes between a State and citizens of another State, the court gave judgment in his favor. This decision that a State government could be sued against its will created so much dissatisfaction that the Eleventh Amendment was adopted, which says, "the judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State." The effect of this amendment has been to enable a State to repudiate its just debts. 2. In 1819 was decided the very important case of _McCulloch_ vs. _Maryland_. The United States had established a national bank, which was objectionable to many of the States. Maryland attempted to destroy the bank by levying a very high tax upon a branch bank within the State. The question as to her right to do this was brought before the Supreme Court. To have allowed Maryland this right would have been to give to a State Government the power to oppose and render useless an institution created by the Federal Government. The court sustained the Federal power, and it was declared unconstitutional for any State to pass laws opposing the operation of any Federal statute. 3. In the case of _Dartmouth College_ vs. _New Hampshire_ was declared the unconstitutionally of a state law which impaired the obligation of contracts. 4. A very important case decided by Chief Justice Taney was that of _Dred Scott_ vs. _Sandford_ in 1857. Dred Scott, a negro slave in Missouri, had been carried into the Territory of Minnesota, where, by |
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