FLETCHER V. PECK

'''Fletcher v. Peck''', , was a landmark United States Supreme Court decision. It was the first case in which the Supreme Court ruled a state law unconstitutional. The case grew out of the 1795 Georgia state legislature's sale of land in the Yazoo River country (in what is now Mississippi) to private speculators in return for bribes. Voters rejected most of the incumbents in the next election and the next legislature, reacting to the public outcry, repealed the law and voided transactions made under it.
John Peck had purchased land that had previously been sold under the 1795 act. Peck sold this land to Robert Fletcher and in 1803, Fletcher 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. The opinion, written by John Marshall, argued that the sale was a binding contract, which according to Article I, Section 10, Clause I (the Contract Clause) of the Constitution cannot be invalidated, even if illegally secured. Today the ruling further protects property rights against popular pressures, and is the earliest case of the Court asserting its right to invalidate state laws conflicting with the Constitution.

Contents

See also

Further reading

External links

See also

★ List of United States Supreme Court cases, volume 10

★ Yazoo land scandal

★ Contract Clause

Further reading

★ ''John Marshall: Definer Of A Nation'' by Jean Edward Smith, 1996, Henry Holt & Company.

★ ''Yazoo: Law and Politics in the New Republic: The Case of Fletcher v. Peck'' by C. Peter Magrath, 1966 ISBN 0-608-18419-5

External links

★ LII: Full Text of Fletcher v. Peck

★ Full Text of the Decision

★ Text of Case with Opinions

★ The Oyez Project

★ Famous Cases