#1 Daniel Webster successfully argued for Dartmouth in the US Supreme Court, and Chief Justice John Marshall (in office 1801-35) handed down the landmark decision, interpreting the Fourteenth Amendment, that Dartmouth was a private rather than public entity, therefore, the state of New Hampshire did not have regulatory power over it. This is an important historic decision as it limits the control a state government may have, in the name of the common good, over a corporate charter which is in essence a private contract.
Marshall's interpretation of the Fourteenth Amendment transformed it into a Magna Carta of corporate right, ironically so, as the Amendment was originally added on June 16, 1866, and ratified on July 23, 1868, to the Constitution for protection against state violation of the rights of "Negro" persons to life, liberty or property without due process of law.
I find it interesting that the 14th Amendment ratified 9 July 1868 with the required States approval was viewed by John Marshall who died in 1835. The MSM at work again. There are a number of timeline inconsistencies, but then that would detract from some of the School of History according to Marx meme that underlines some of the points. |