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OpEdNews Op Eds    H2'ed 2/26/10

America's Supremes: Court Over Constitution

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With some ingenuity, Executives have sovereign power. Congress is mostly a paper tiger, and the High Court usually upholds presidential authority. But if it wishes, it can make laws it wants by judicial rulings.


Notable Court Decisions


-- in Fletcher v. Peck (1810), the law of property rights was stabilized, especially contracts for the purchase of land; it was one of the first times the Court ruled a state law unconstititional;


-- in Dartmouth College v. Woodward (1819), the Court held that private corporate charters were contracts, and as such, were protected by the Constitution's Article I, Section 10 Contract Clause including among other provisions that:


"No State shall (make any) Law impairing the Obligation of Contracts...;"


-- in McCulloch v. Maryland (1819), the Court ruled that a state can't tax a bank branch established by an act of Congress;


-- in Gibbons v. Ogden (1824), the Court upheld the supremacy of the United States over the individual states in the regulation of intestate commerce;


-- in Dred Scott v. Sandford (1857), the Court ruled that black slaves and their descendants had no constitutional protections; could never become US citizens; that Congress had no power to prohibit slavery in federal territories; slaves couldn't sue for redress and their freedom; and as chattel property, they couldn't be taken from owners without due process;


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