This has all been very interesting as I organized a multi- billion breach of contract case against a state. Counsel advice was that the state contract clause was stronger than Federal so we went that way. In the end, we lost when the state Supreme Court simply decided there was no contract contrary to precedent and numerous statements by defendants. So they never reached the 3 part test for breaking a contract..
It seems we have gotten very far from the Founders. I assume you are going to continue this series up to the present and I am looking forward to your take.
Richard: writing this short series on contracts has been absolutely enlightening for me. I've learned a lot. Unfortunately, though, today's essay will be the last. TIme to move on to other topics.
Thank you for your essays. As long as you plan on writing on other areas and subjects that fuel your passion for our founding principles I will enthusiastically continue to support your work.
PS: I really enjoy your books and hope more will be forthcoming.
I very much enjoy reading your extensive essays and because I dont like memberships I was wondering, could I buy your book? I can't make any donations because I don't have a MasterCard, I live in the Netherlands and usually use PayPal for purchases outside of Europe. I prefer books over reading online.
It's not always easy for me to fully comprehend what is written because English is not my native language so it takes a little longer for me, also I'm not academically trained but I'm trying my hardest to truly understand whatever it is that I'm reading.
I am guessing your are already familiar with James Ely's book The Contract Clause: A Constitutional History. That book does take the interpretation of the Article I, Section 10 to the present. FWIW, I and colleagues at PLF are litigating one Contract Clause case (lost in the trial court, now on appeal) involving local government's abrogation of the contract right to evict nonpaying tenants during COVID (https://pacificlegal.org/case/la_commercial_eviction_ban/).
As I read your essay, you merge the history of the Contract Clause (Article I, Section 10) with the doctrine of economic due process (protecting the "Liberty of Contract," which is not so much about impairing existing contracts but preserving the freedom to make new ones, especially in employment) under the Fourteenth Amendment. I assume that was deliberate. I look forward to your next book on the Constitution--I enjoyed the one on the Declaration.
This has all been very interesting as I organized a multi- billion breach of contract case against a state. Counsel advice was that the state contract clause was stronger than Federal so we went that way. In the end, we lost when the state Supreme Court simply decided there was no contract contrary to precedent and numerous statements by defendants. So they never reached the 3 part test for breaking a contract..
It seems we have gotten very far from the Founders. I assume you are going to continue this series up to the present and I am looking forward to your take.
Richard: writing this short series on contracts has been absolutely enlightening for me. I've learned a lot. Unfortunately, though, today's essay will be the last. TIme to move on to other topics.
Thank you for your essays. As long as you plan on writing on other areas and subjects that fuel your passion for our founding principles I will enthusiastically continue to support your work.
PS: I really enjoy your books and hope more will be forthcoming.
I very much enjoy reading your extensive essays and because I dont like memberships I was wondering, could I buy your book? I can't make any donations because I don't have a MasterCard, I live in the Netherlands and usually use PayPal for purchases outside of Europe. I prefer books over reading online.
It's not always easy for me to fully comprehend what is written because English is not my native language so it takes a little longer for me, also I'm not academically trained but I'm trying my hardest to truly understand whatever it is that I'm reading.
What a magnificent society the Founders envisioned!
Dear Brad,
I am guessing your are already familiar with James Ely's book The Contract Clause: A Constitutional History. That book does take the interpretation of the Article I, Section 10 to the present. FWIW, I and colleagues at PLF are litigating one Contract Clause case (lost in the trial court, now on appeal) involving local government's abrogation of the contract right to evict nonpaying tenants during COVID (https://pacificlegal.org/case/la_commercial_eviction_ban/).
As I read your essay, you merge the history of the Contract Clause (Article I, Section 10) with the doctrine of economic due process (protecting the "Liberty of Contract," which is not so much about impairing existing contracts but preserving the freedom to make new ones, especially in employment) under the Fourteenth Amendment. I assume that was deliberate. I look forward to your next book on the Constitution--I enjoyed the one on the Declaration.
Excellent, as usual!
This is your best essay yet.