10-21 dartmouth v. woodward

10-21 dartmouth v. woodward - intangible and existing only...

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10-21 Dartmouth College V. Woodward (1819) - 1769 King Chartered Dartmouth College - College took over purpose of public ed - 1816 New Hampshire amended the charter o New board of trustees o Established the power of NH to name future board members DARTMOUTH WOODWARD - Private corp under original charter - Charter was contract - State cannot interfere with private contracts - Had a public character - Served a public good - Government (king) had commissioned charter - Political motive- replace federalists with republicans on Board of Trustees Commerce Clause (still there too) - Article 1 section 8 authorizes congress: - “ To regulate commerce with foreign nations, and among the several states, and with Indian tribes” Contract Clause - “ no state shall impair the law, the obligation of contracts….” Marshall On Corporations - “ a corporation is an artificial being, invisible,
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Unformatted text preview: intangible, and existing only in contemplation of law,. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it either expressly or as incidental to its very existence.”-“ It is a contract made on valuable consideration. It is a contract for the security and disposition of property. It is a contract on the faith of which real and personal estate has been conveyed to the corporation. It is, then, a contract within the letter of the constitution…”-Vested Right o When you wear a vest you wear it close to you, think of words like invest o A vested right is a right so close to you that it is part of you as a person i.e. poperty o vested rights get all possible constitutional protection o marshal says you HAVE to protect these...
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This note was uploaded on 05/03/2009 for the course HIST 382 taught by Professor Staff during the Spring '08 term at Purdue.

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10-21 dartmouth v. woodward - intangible and existing only...

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