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Graham v. Folsom, 200 U.S. 248 (1906)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Graham v. Folsom, 200 U.S. 248 (1906)
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Graham v. Folsom No. 108 Argued December 8, 1905 Decided January 8, 1906 200 U.S. 248
ERROR TO THE CIRCUIT COURT OF THE UNITED
STATES FOR THE DISTRICT OF SOUTH CAROLINA
Syllabus
The power of the state to alter or destroy its municipal corporations is not, so far as the impairment of the obligation clause of the federal Constitution is concerned, greater than the power to repeal its legislation, and the alteration or destruction of subordinate governmental divisions is not the proper exercise of legislative power when it impairs the obligations of contracts previously entered into.
Courts cannot permit themselves to be deceived, and while they will not inquire too closely into the motives of the state, they will not ignore the effect of its action, and will not permit the obligation of a contract to be impaired by the abolition or change of the boundaries of a municipality. Where a tax has been provided for and there are officers to collect it, the court will direct those officers to lay the tax and collect it from the property within the boundaries of the territory that constituted the municipality.
A suit to compel county officers to levy and collect a tax on property within the county to pay bonds of a municipality is not, under the circumstances of this case, a suit against the state, either because those officers are also state officers or because the bonds were issued under legislative authority.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Graham v. Folsom, 200 U.S. 248 (1906) in 200 U.S. 248 200 U.S. 249. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=JUQM7HYNIFGR9M6.
MLA: U.S. Supreme Court. "Syllabus." Graham v. Folsom, 200 U.S. 248 (1906), in 200 U.S. 248, page 200 U.S. 249. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=JUQM7HYNIFGR9M6.
Harvard: U.S. Supreme Court, 'Syllabus' in Graham v. Folsom, 200 U.S. 248 (1906). cited in 1906, 200 U.S. 248, pp.200 U.S. 249. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=JUQM7HYNIFGR9M6.
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