Fletcher v. Peck

Decision Date01 February 1810
PartiesFLETCHER v. PECK
CourtU.S. Supreme Court

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848 cases
  • NATIONAL ASS'N FOR ADVANCE. OF COLORED PEOPLE v. Patty
    • United States
    • U.S. District Court — Eastern District of Virginia
    • January 21, 1958
    ...of the legislative body in casting their votes respecting such enactment presents an entirely different situation. Fletcher v. Peck, 6 Cranch 87, 10 U.S. 87, 3 L.Ed. 162, decided in 1810, contains a discussion of the subject which is applicable today. In his opinion beginning on page 128 of......
  • City and County of San Francisco v. Cooper
    • United States
    • California Supreme Court
    • April 4, 1975
    ....' (citations).' This principle was articulated and explained by Chief Justice Marshall in the seminal decision of Fletcher v. Peck (1810) 10 U.S. (6 Cranch) 87, 3 L.Ed. 162. In Fletcher an act of the Georgia Legislature, selling public land to private parties, was challenged on the ground ......
  • Blank v. Kirwan
    • United States
    • California Supreme Court
    • August 1, 1985
    ...agency of government." (In re Fain (1976) 65 Cal.App.3d 376, 393, fn. 14, 135 Cal.Rptr. 543; see, e.g., Fletcher v. Peck (1810) 10 U.S. (6 Cranch) 87, 130, 3 L.Ed. 162; County of Los Angeles v. Superior Court (1975) 13 Cal.3d 721, 723, 727, fn. 5, 119 Cal.Rptr. 631, 532 P.2d 495.) Thus, the......
  • Gruen v. State Tax Commission
    • United States
    • Washington Supreme Court
    • November 5, 1949
    ... ... was valid, or whether the legislature had transcended its ... power in enacting it. The court referred to Fletcher v ... Peck, 6 Cranch 87, 10 U.S. 87, 3 L.Ed. 162, which was ... the first case in the supreme court in which the question ... ...
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5 books & journal articles
  • PRIVATIZATION, PUBLIC COMMONS, AND THE TAKINGSIFICATION OF ENVIRONMENTAL LAW.
    • United States
    • University of Pennsylvania Law Review Vol. 171 No. 3, March 2023
    • March 1, 2023
    ...(67) Ely, Still in Exile, supra note 11, at 95; see also ELY, THE CONTRACT CLAUSE, supra note 65, at 32-36 (describing Fletcher v. Peck, 10 U.S. 87, 135 (1810), which held that state land grants constituted public contracts vesting absolute rights and "a repeal of the law cannot devest thos......
  • The Construction Industry in the U.S. Supreme Court:Part 2, Beyond Contract Law
    • United States
    • ABA General Library The Construction Lawyer No. 41-3, July 2021
    • July 1, 2021
    ...histoRy 1 (2016). 47. U.S. const. art. I, § 10, cl. 1. 48. See ely, supra note 46, at 147, 190–91. 49. 36 U.S. 420 (1837). 50. 10 U.S. 87, 137 (1810). 51. See 2 Ronald d. Rotunda & John e. noWaK, Rotunda and noWaK’s tReatise on constitutional laW—substance and PRoceduRe § 15.1(b), Westlaw (......
  • PERSISTING SOVEREIGNTIES.
    • United States
    • University of Pennsylvania Law Review Vol. 170 No. 3, February 2022
    • February 1, 2022
    ...reservations which the tribes forcefully argue requires the ability to try non-Indians."). (548) Id. at 209 (quoting Fletcher v. Peck, 6 Cranch 87, 147 (1810)) (emphasis (549) Duro v. Reina, 495 U.S. 676, 686 (1990). (550) United States v. Lara, 541 U.S. 193, 228 (2004) (Souter, J., dissent......
  • Judicial Review and Democratic Theory: Guardian Democracy Vs. Representative Democracy
    • United States
    • Political Research Quarterly No. 40-3, September 1987
    • September 1, 1987
    ...8 Daniel Farber (1984) in a review of Baer (1983) calls this school of jurisprudence (which includes Baer) "creeping Dworkinism." 9 6 Cranch 87 4 Wheat. 518 (1819). 11 Terrett v. Taylor, 9 Cranch 43, at 52 (1815) and Wilkinson v. Leland, 2 Peters 627, at 657 (1829). 394 shall (not to mentio......
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