The Corner

Law & the Courts

The Supreme Court Has a Chance to Revive the Contract Clause

(Jonathan Ernst/Reuters)

For decades, the Court has allowed the Constitution’s contract clause (in Article I, Section 10, along with other things the states aren’t allowed to do) atrophy. It reads “No state shall enact any law impairing the obligation of contracts” and was meant to help stabilize the national economy at a time when the states often passed laws that rewrote or erased contracts to benefit certain parties or themselves.

John Marshall thought it one of the most important clauses in the Constitution and insisted that it was to be enforced as written, not “interpreted.” Unfortunately, that’s just what the Court began to do during the New Deal. Today we have a multi-part “balancing test” that lets states get away with contractual meddling if they can suggest some reason for doing so.

The good news is that the Court is about to hear arguments in a case that could revive the Originalist view of the contract clause. I write about that case in my latest article for Forbes.

George Leef is the the director of editorial content at the James G. Martin Center for Academic Renewal.

Most Popular

Elections

Bernie Is Not Normal

The most substantively outrageous presidential campaign in American history has some serious chance of success. Bernie Sanders is leading or near the top of most polls in the first two Democratic nominating states, Iowa and New Hampshire. He could plausibly win both, which would instantly transform the race ... Read More
Elections

Bernie Is Not Normal

The most substantively outrageous presidential campaign in American history has some serious chance of success. Bernie Sanders is leading or near the top of most polls in the first two Democratic nominating states, Iowa and New Hampshire. He could plausibly win both, which would instantly transform the race ... Read More
Law & the Courts

Jussie Smollett’s Google Headache

If Jussie Smollett had last year pleaded guilty to some minor charge, done 90 days of community service, and paid a substantial fine to reimburse the $130,000 worth of overtime costs rolled up by Chicago police detectives investigating his ludicrous assault claims, he might today be in full rebound mode. Picture ... Read More
Law & the Courts

Jussie Smollett’s Google Headache

If Jussie Smollett had last year pleaded guilty to some minor charge, done 90 days of community service, and paid a substantial fine to reimburse the $130,000 worth of overtime costs rolled up by Chicago police detectives investigating his ludicrous assault claims, he might today be in full rebound mode. Picture ... Read More
Media

Our Stupid Times, Etc.

I don’t think most people who read the news are too stupid to understand the news. I think they are too dishonest. I am frankly embarrassed that we’ve found it necessary to append a note to Zachary Evans’s report on anti-Semitism to emphasize that quoting a person to illuminate his sentiments does not ... Read More
Media

Our Stupid Times, Etc.

I don’t think most people who read the news are too stupid to understand the news. I think they are too dishonest. I am frankly embarrassed that we’ve found it necessary to append a note to Zachary Evans’s report on anti-Semitism to emphasize that quoting a person to illuminate his sentiments does not ... Read More
PC Culture

Women Lie Too

Elizabeth Warren says Bernie Sanders once told her that a woman couldn't win the presidency. Bernie Sanders says Elizabeth Warren is lying about the encounter. I have no idea whom to believe. Some notable people on Twitter have wondered if maybe, considering all that happened during the #MeToo movement, ... Read More
PC Culture

Women Lie Too

Elizabeth Warren says Bernie Sanders once told her that a woman couldn't win the presidency. Bernie Sanders says Elizabeth Warren is lying about the encounter. I have no idea whom to believe. Some notable people on Twitter have wondered if maybe, considering all that happened during the #MeToo movement, ... Read More
Elections

The Democrats Have Had This Primary Before

As of this writing, the Democratic presidential contest looks very fluid, with four candidates bunched up in Iowa and New Hampshire. But the sudden relevance of foreign policy, thanks to the confrontation with Iran, has made it look more and more like a two-person race between Joe Biden and Bernie ... Read More
Elections

The Democrats Have Had This Primary Before

As of this writing, the Democratic presidential contest looks very fluid, with four candidates bunched up in Iowa and New Hampshire. But the sudden relevance of foreign policy, thanks to the confrontation with Iran, has made it look more and more like a two-person race between Joe Biden and Bernie ... Read More