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Contract

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发表于 4-20-2022 15:44:23 | 显示全部楼层 |阅读模式
本帖最后由 choi 于 4-21-2022 09:00 编辑

Leslie Lenskowsky, Doubting the Donors; Is charitable giving really just a form of paternalism? Does philanthropy, however well intended, threaten democracy?  Wall Street Journal, Apr 20, 2022, at page A16
https://www.wsj.com/articles/pri ... -donors-11650405738
(book review on Emma Saunders-Hastings, Private Virtues, Public Vices; Philanthropy and democratic equality. University of Chicago Press,2022)

Note:
(a) John R Vile, Dartmouth College v Woodward (1819). Middle Tennessee State University, 2009
https://www.mtsu.edu/first-amend ... -college-v-woodward
supplied the background or fact of the case:

"New Hampshire attempted to convert a private college into a public university [which is sectional heading]

"Dartmouth College was founded by Congregational minister Eleazar Wheelock, who had received in 1769 a charter from the English Crown that granted authority to a board of trustees created by Wheelock. After the American Revolution, the institution sometimes received state funds and was largely controlled by Federalist trustees, who continued to emphasize the college’s original religious mission. John Wheelock succeeded his father as president in 1779; the trustees fired him in 1816 because of his autocratic manner.

"In 1816 Democratic-Republicans in the state legislature amended the college’s charter and attempted to convert the school into a secular institution, Dartmouth University, more compatible with their party’s objectives. They created a new board of elected trustees and appointed Wheelock president.

"The original trustees continued to operate Dartmouth College and employed Dartmouth alumnus Daniel Webster to represent them in suing William Woodward, the secretary and treasurer of the college who had transferred to the new university, taking with him the college’s charter, records, and seal.

"Dartmouth College argued the conversion violated the Constitution [which is sectional heading]

"The original trustees argued that the legislature had violated vested rights, the state constitution, and the U.S. Constitution’s contract clause. A state court sided with Woodward, declaring the college a public corporation, which therefore made it subject to state legislation. The Supreme Court reversed in a 5-1 decision.

(i) Federalist Party
https://en.wikipedia.org/wiki/Federalist_Party  
(1789-1835; check table for "Leaders")
(ii) Democratic-Republican Party
https://en.wikipedia.org/wiki/Democratic-Republican_Party   
(1792-1834; check table for Leader)

(b) Contract Clause of the United States Constitution says, "No State shall * * * pass * * * Law impairing the Obligation of Contracts."

(c) Trustees of Darytmouth College v Woodward (1819) 17 US 518
https://www.oyez.org/cases/1789-1850/17us518
(i) On the left column are
(A) syllabus (only Supreme Court summary is called syllabus, which is prepared by court reporter. Not the court, and has NO legal force): "The charter granted by the British Crown to the trustees of Dartmouth College, in New Hampshire, in the year 1769, is a contract within the meaning of that clause of the Constitution of the United States, art. 1, s[ection]. 10, which declares that no state shall make any law impairing the obligation of contracts. The charter was not dissolved by the Revolution.
(B) opinion or decision in the icon "view case." At page 627, the court held:

"It can require no argument to prove, that the circumstances of this case constitute a contract. An application is made to the crown for a charter to incorporate a religious and literary institution. In the application, it is stated, that large contributions have been made for the object, which will be conferred on the corporation, as soon as it shall be created. The charter is granted, and on its faith the property is conveyed. Surely, in this transaction every ingredient of a complete and legitimate contract is to be found. * * * That even marriage is a contract, and its obligations are affected by the laws respecting divorces.

(ii) There is no need to read the rest of the decision.

(d) John R Vile, Dartmouth College v Woodward (1819). Middle Tennessee State University, 2009
https://www.mtsu.edu/first-amend ... -college-v-woodward
supplied the background or fact of the case:

"New Hampshire attempted to convert a private college into a public university [which is sectional heading]

"Dartmouth College was founded by Congregational minister Eleazar Wheelock, who had received in 1769 a charter from the English Crown that granted authority to a board of trustees created by Wheelock. After the American Revolution, the institution sometimes received state funds and was largely controlled by Federalist trustees, who continued to emphasize the college’s original religious mission. John Wheelock succeeded his father as president in 1779; the trustees fired him in 1816 because of his autocratic manner.

"In 1816 Democratic-Republicans in the state legislature amended the college’s charter and attempted to convert the school into a secular institution, Dartmouth University, more compatible with their party’s objectives. They created a new board of elected trustees and appointed Wheelock president.

"The original trustees continued to operate Dartmouth College and employed Dartmouth alumnus Daniel Webster to represent them in suing William Woodward, the secretary and treasurer of the college who had transferred to the new university, taking with him the college’s charter, records, and seal.

"Dartmouth College argued the conversion violated the Constitution [which is sectional heading]

"The original trustees argued that the legislature had violated vested rights, the state constitution, and the U.S. Constitution’s contract clause. A state court sided with Woodward, declaring the college a public corporation, which therefore made it subject to state legislation. The Supreme Court reversed in a 5-1 decision.

(i) Federalist Party
https://en.wikipedia.org/wiki/Federalist_Party  
(1789-1835; check table for "Leaders")
(ii) Democratic-Republican Party
https://en.wikipedia.org/wiki/Democratic-Republican_Party   
(1792-1834; check table for Leader)
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