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The federal constitution says no state shall pass a law impairing contracts.
By calling the benefits a contract, the state's Constitution invokes the federal Constitution, which has a Contracts Clause that prohibits the states from passing any law impairing contracts.
Hayes feared that the Act would cause inflation that would be ruinous to business, effectively impairing contracts that were based on the gold dollar, as the silver dollar proposed in the bill would have an intrinsic value of 90 to 92 percent of the existing gold dollar.
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(States are forbidden by the Constitution to impair contracts, but during the Depression many tried to do so anyway, with laws temporarily suspending farm foreclosures. The Supreme Court upheld the laws' validity in 1934).
In his Thursday letter, Conyers invoked the contract clause of the U.S. Constitution, which prohibits states from "impairing the obligation of contracts".
U.S. Rep John Conyers, a Democrat who represents Michigan, has also raised a legal challenge to Public Act 4. In early December he sent a letter to U.S. Attorney General Eric Holder requesting the Justice Department review the law for violations of the contract clause of the U.S. Constitution, which prohibits states from "impairing the obligation of contracts," and the Voting Rights Act.
Summers's argument implied that some legal source, perhaps the Constitution, barred the government from impairing the obligation of contracts.
James Madison wrote that "bills of attainder, ex post facto laws, and laws impairing the obligation of contracts are contrary to the first principles of the social compact, and to every principle of sound legislation".
Writing at Politico, Geoghegan argues that default would run afoul of no fewer than three provisions of the Constitution: Article I, Section 10, which prohibits the states from "impairing the Obligation of Contracts" but nowhere gives Congress the power to do the same.
"No state shall pass any law impairing the obligation of contracts".
Possibly it could, but it may run into the problem that the constitution provides that "Congress shall make no law impairing the obligations of contract".
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Justyna Jupowicz-Kozak
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