Dartmouth College Case
Dartmouth College Case, decided by the U.S. Supreme Court in 1819. The legislature of New Hampshire, in 1816, without the consent of the college trustees, amended the charter of 1769 to make Dartmouth College public. The trustees brought suit. Daniel Webster argued successfully that the amendment violated the Constitution because the state had impaired "the obligation of a contract." The opinion of the court, delivered by Chief Justice John Marshall, was that a charter was in effect inviolable. The decision made the contract clause of the Constitution a powerful instrument for the judicial protection of property rights against state abridgment. In 1837, Chief Justice Taney, while not challenging the basic principle, ruled in the Charles River Bridge Case that a legislative charter must be construed narrowly and a corporation could claim no implied rights beyond the specific terms of a grant.
Questia, a part of Gale, Cengage Learning. www.questia.com
Publication information: Article title: Dartmouth College Case. Encyclopedia title: The Columbia Encyclopedia, 6th ed.. © 2012 The Columbia Electronic Encyclopedia © 2012, Columbia University Press. Licensed from Columbia University Press. Used with the permission of Columbia University Press. All Rights Reserved. Publisher: The Columbia University Press. Place of publication: Not available. Publication year: 2013.
This material is protected by copyright and, with the exception of fair use, may not be further copied, distributed or transmitted in any form or by any means.