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

...case include: "certain principles . . . ought not to be entirely disregarded"; "it may well be doubted whether the nature of society and of government does...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...

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

..."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....

...subject." In Fletcher v. Peck, 6 Cranch 87, at 135-6, Chief Justice Marshall says : "It may well be doubted whether the nature of society and of government does...question whether, the act of transferring the property of cm individual to the public, be in the nature of legislative power, is well worthy of serious reflection."...

...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,...

...law in its nature a contract. "It may well be doubted," he argued, "whether the nature of society and government does not prescribe some limits to the legislative power; and if any are to be prescribed, where are they to be found if the property of an individual, fairly and honestly...

...legislature had been bribed.13 As part of his argument invalidating the later statue, Marshall wrote: "To the legislature all legislative power is granted; but the question whether the act transferring the property of an individual to the public, be in the nature of the legislative power,...