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In this case the language of the Contracts Clause is entirely clear that it applies to the states.
by Finnucane 7y ago
In this case the language of the Contracts Clause is entirely clear that it applies to the states.
- mattkrause 7y agoTo put it more bluntly, it literally starts with the words "No State shall...." If you want to go all originalist, the point was to prohibit private bills benefiting a specific person, which is almost the opposite of what's proposed here.
- Finnucane 7y agoWell, we know the founders were all like, this is final word, we have foreseen all contingencies, if you ever do anything we wouldn’t like we will haunt you from the grave.
- xyzzyz 7y agoYou missed the point. Of course the Contracts Clause applies to the states and not to the federal government. The point here is that there is no need for Contracts Clause applying to federal government to exist, because the federal government cannot do what the Contracts Clauses forbids the states anyway. Of course, that's the theory. In practice, the federal government can do literally anything it wants as long as it uses magic incantations of "General Welfare" and "Commerce Clause", and as long as the nine guys in SCOTUS accept that, regardless of what the authors of constitution meant for federal government to be able to do.