Reply To: Article 1 section 10 – contracts clause


1) Barring particular contractual provisions ab initio is not the same as impairing the obligation of a valid contract; and
2) Chief Justice Taney’s reasoning was that denying people the right to take slaves into the territories denied them a property right without due process–although there was no contract at issue in the case. In other words, his ruling wasn’t about procedure, but about substance.