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1810 United States Supreme Court case
Fletcher v. Peck United States Supreme Court decision in which the Supreme Court first ruled a state law unconstitutional. The decision created a growing precedent for the sanctity of legal contracts and hinted that Native Americans did not hold complete title to their own lands (an idea fully realized in Johnson v. McIntosh [1]
Background Following the
In 1795, the
Georgia legislature divided the area into four tracts. The state then sold the tracts to four separate land development companies for $500,000, about $0.014 per acre, a bargain even at 1790 prices. The Georgia legislature overwhelmingly approved this land grant, known as the Yazoo Land Act of 1795.
[2] However, it was later revealed that the Yazoo Land Act had been approved in return for
bribes in a scandal known as the Yazoo Land Scandal.
[3] The voters rejected most of the incumbents in the next
election ; the new legislature, reacting to the public outcry, repealed the law and voided the transactions made under it.
Robert Fletcher bought a tract of land from Peck after the 1795 act was repealed. Fletcher, in 1803, brought a suit against Peck, claiming that Peck had not had clear title to the land when he sold it.[4]
There was collusion between the two. Both would have their land secured if the Supreme Court decided that Native Americans did not hold original title. Fletcher set out to win the case.[5]
Court ruling The Supreme Court unanimously (with a separate concurring opinion written by
Constitution, cannot be invalidated even if it is illegally secured.
[6] The ruling lent further protection to
William H. Rehnquist, wrote that
Fletcher v. Peck "represented an attempt by Chief Justice Marshall to extend the protection of the contract clause to infant business".
[7] See also References
^ Barker, Joanne (2022). "The Corporation and the Tribe". In Koshy, Susan (ed.). Colonial Racial Capitalism . Duke University Press. p. 41-45.
^ a b "Yazoo Land Fraud" . New Georgia Encyclopedia . Retrieved May 8, 2024 .^ Lamplugh, George B. (3015). Yazoo Land Fraud. New Georgia Encyclopedia. Retrieved 13 May 2016
^ "Fletcher v. Peck" . New Georgia Encyclopedia . Retrieved May 8, 2024 .. ^ https://www.oyez.org/cases/1789-1850/10us87
Further reading Hobson, Charles F. (2016). The Great Yazoo Lands Sale: The Case of Fletcher v. Peck . University Press of Kansas. . Magrath, C. Peter (1966). Yazoo: Law and Politics in the New Republic: The Case of Fletcher v. Peck . . Smith, Jean Edward (1996). John Marshall: Definer Of A Nation . Henry Holt & Company.External links
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