.... . Law impairing the Obligation of Contracts,"11 Marshall suggested another ground of invalidity: "It may well be doubted whether the nature of society...fairly and honestly acquired, may be seized without compensation!?]"12 He said it was "well worthy of serious reflection" whether transferring the property...

...decision, Chief Justice Marshall flirted with a natural law vested rights approach. Declaring that "it may well be doubted whether the nature of society...not prescribe some limits to the legislative power," Marshall thought Georgia's action unconstitutional "either by general principles which are common to...

...limited government. The rules of society imposed restraints on legislative power. "Where are those limits to be found, if the property of an individual, fairly...honestly acquired, may be seized without compensation?" The heart of the decision was yet to come. Marshall noted that the validity of the rescinding act "might...

...conclusive; Expressions in the case include: "certain principles . . . ought not to be entirely disregarded"; "it may well be doubted whether the nature of society...the legislative power"; and "if any be prescribed . . ."; whether this act "be in the nature of legislative power is worthy of serious reflection"; "the...

...Fletcher v. Peck, 10 US (6 Cranch) 87 (135) (1810); „Where are the limits to the legislative power..,if the property of an individual, fairly and honestly acquired, may be seized without compensation?" 63 Zur mangelnden Geltung des Fünften Zusatzartikels für die Gliedstaaten s. Barron v. Mayor and...

...not prescrihe some limits to the legislative power; and if any he prescrihed, where are they to he found, if the property of an individual, fairly and honestly acquired, may he seized without compensation? On its face that language may he viewed as a paeon to the policy of...

...Before he asked whether a grant is a contract, Marshall asserted, in a rather convoluted argument, that it "may well be doubted whether the nature of society...honestly acquired, may be seized without compensation" (italics added).31 This statement not only reinforces the idea that Marshall believed that the law...

...may divest any other individual of his lands, if it shall be the will of the legislature to exert it. It may well be doubted whether the nature of society...honestly acquired, may be seized without compensation. To the legislature all legislative power is granted; but the question whether the act of transferring...

..."when absolute rights have vested under that contract, a repeal of the law cannot devest those rights." "[I]f the property of an individual, fairly and honestly acquired, may be seized without compensation," there are no limits to legislative power. But the Georgia legislature is constrained by two bounds....

...constitutions, the "nature of society and of government" prescribes " limits to the legislative power." But "where are they to be found, if the property of an...honestly acquired, may be seized without compensation?" Again Marshall founds his reasoning, not on the Constitution, but on fundamental principles. At last,...