Saturday, September 27, 2008

Fletcher vs. Peck


In 1795, the Georgia legislature sold thirty-five million acres of Native American land to four land speculating companies for one-half million dollars. The state sold the land to some Developers. John Peck bought some of the land from him.


He coudn't finish paying so He sold it to Robert Fletcher.


When Fletcher find out He brought suit against Peck, claiming that he did not have clear title to the land when he sold it. The case reached the Supreme Court, which in a unanimous decision ruled that the state legislature's repeal of the law was unconstitutional.




A year later the people elected new legislature people. The state of Georgia dicided that the legislature made a bad decicion a year before and that they should have the land back, and maybe give it back to the native american. So they want it the land.
But the Supreme court overruled the state and said they were wrong and because of the property right's and Ex Post Facto the land owner was fletcher.

It was the first case in which the Supreme Court ruled a state law unconstitutional.

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This are some links to get more details.
wikipedia



This is an article I find interesting and easy to read.(but still mine is better.)


Fletcher v. Peck


US Supreme Court decision of 1810 dealing with the right of states to impair contracts. A complaint was filed against the Georgia state legislature, which had revoked land claims of settlers who had bought land from fraudulent land companies that had been granted the land by the corrupt legislature. In the Yazoo Land Fraud the Court ruled that the judiciary could not judge the motives of the state legislature and that Georgia could not pass a law impairing what was therefore a valid contract.

This article is © Research Machines plc 2004. All rights reserved. Helicon Publishing is a division of Research Machines plc.








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