After reading the assigned material on Contract Clause,
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The Contract Clause appears in the United States Constitution,
Article I, section 10, clause 1. It states: No State shall enter into
any Treaty, Alliance, or Confederation; grant Letters of Marque and
Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and
silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex
post facto Law, or Law impairing the Obligation of Contracts, or grant
any Title of Nobility.
The framers of the Constitution added this clause due to fear that
states would continue a practice that had been widespread under the
Articles of Confederation—that of granting "private relief."
Legislatures would pass bills relieving particular persons (predictably,
influential persons) of their obligation to pay their debts. It was this
phenomenon that also prompted the framers to make bankruptcy law the
province of the federal government.
During and after the Revolution, many states passed laws favoring
colonial debtors to the detriment of foreign creditors. Federalists,
especially Alexander Hamilton, believed that such a practice would
jeopardize the future flow of foreign capital into the fledgling United
States. Consequently, the Contract Clause, by insuring the inviolability
of sales and financing contracts, encouraged an inflow of foreign
capital by reducing the risk of loss to foreign merchants trading with
and investing in the former colonies.
Has the Contract Clause become irrelevant? What impact has the
Fourteenth Amendment had on the Contract Clause as a vehicle for the
protection of property rights? Explain.