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Legal Tender Cases
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- US Supreme Court
- Jan 01, 1870
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and sale made pursuant to statutes of the late rebel confederacy, passed in aid of their rebellion, is void. Texas v. WhileSearch
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Congress known as the Legal Tender are constitutional, when applied to contracts made before their passage. Hepburn v. GriswoldSearch
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point overruled. 3. They are also valid as applicable to contracts made since. The case in the FIRST one, Knox v. LeeSearch
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act under the obligation of an oath of fidelity to the Constitution. Such has always been the rule. In Commonwealth v. SmithSearch
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and, in Fletcher v. PeckSearch
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brief and comprehensive. It prescribes outlines, leaving the filling up to be deduced from the outlines. In Martin v. HunterSearch
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And with singular clearness was it said by Chief Justice Marshall, in McCulloch v. StateSearch
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was intended to confer upon the government the power of self-preservation. Said Chief Justice Marshall in Cohens v. BankSearch
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doubts that this was rightfully done, and the power thus exercised has been affirmed by this Court in United States v. MarigoldSearch
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the government. Clearly this necessity, if any existed, was not a direct and obvious one. Yet this Court, in McCulloch v. MarylandSearch
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the government of the United States, or in any of its departments or officers, has long since been settled. In Fisher v. BlightSearch
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to be an eligible means to enable the government to pay the debts of the Union. It was, however, in McCulloch v. MarylandSearch
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It is hardly necessary to say that these principles are received with universal assent. Even in Hepburn v. GriswoldSearch
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both the majority and minority of the court concurred in accepting the doctrines of McCulloch v. MarylandSearch
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if it have any appropriateness, is for consideration in Congress, not here. Said Chief Justice Marshall, in McCulloch v. MarylandSearch
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loans from liability to state taxation, are only a few of the many which might be given. The case of Veazie Bank v. FennoSearch
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contracts made either before or after their passage. In so holding, we overrule so much of what was decided in Hepburn v. GriswoldSearch
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it as our duty so to decide and to affirm both these judgments. The other questions raised in the case of Knox v. LeeSearch
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were substantially decided in Texas v. WhiteSearch
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Stat. at Large 345, 532, 709. For the form of the notes mentioned in the text, See Bank v. SupervisorsSearch
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and for the exact language of the acts, see Lane County v. OregonSearch
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Wall. 74, and Hepburn v. GriswoldSearch
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Fisher v. BlightSearch
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Apsden v. AustinSearch
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Dunn v. SaylesSearch
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Coffin v. LandisSearch
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Barrington v. PotterSearch
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Dobbins v. BrownSearch
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Workman v. MifflinSearch
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Briscoe v. BankSearch
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I differ from my brethren in the decision of one of the cases now before the court, to-wit, the case of Tribilcock v. WilsonSearch
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purpose after Chief Justice Marshall's profound discussion of the powers of Congress in the great case of McCulloch v. StateSearch
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question of power as so important to the stability of the government, I cannot acquiesce in the decision of Hepburn v. GriswoldSearch
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be remembered, that this Court, at the very term in which, and within a few weeks after, the decision in Hepburn v. GriswoldSearch
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implied power is to be tried is no longer, in this Court, open to question. It was laid down in the case of McCulloch v. MarylandSearch
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in pursuance of the Constitution are not laws. Neither of these propositions was questioned in the case of Hepburn v. GriswoldSearch
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upon the question. Their convictions, however, remain unchanged. We adhere to the opinion pronounced in Hepburn v. GriswoldSearch
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in McCulloch v. MarylandSearch
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of opinion in the Court as to the rule by which the existence of an implied power is to be tested, when Hepburn v. GriswoldSearch
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to that power and to the Page 79 U. S. 575 power to regulate commerce. This was the doctrine of Veazie Bank v. FennoSearch
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on the ground that it was a necessary and proper means, within the definition of the Court in the case of McCulloch v. MarylandSearch
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its own. Now it is a common error, and in our judgment it was the error of the opinion of the minority in Hepburn v. GriswoldSearch
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And this Court, in Gwin v. BreedloveSearch
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