American Insurance Co. v. 356 Bales of Cotton
| American Insurance Company v. 356 Bales of Cotton | |
|---|---|
 | |
| Argued March 8, 10–11, 1828 Decided March 15, 1828 | |
| Full case name | The American Insurance Company, and The Ocean Insurance Company, (of New-York,) v. 356 Bales of Cotton, David Canter |
| Citations | 26 U.S. 511 (more) |
| Prior history | From the Circuit Court of the United States, District of South Carolina |
| Court membership | |
| |
| Case opinions | |
| Majority | Marshall, joined by unanimous |
American Insurance Company v. 356 Bales of Cotton, 26 U.S. (1 Pet.) 511 (1828), was a case decided by the Supreme Court of the United States. The case involved the validity of a local court established by Congress in the Florida Territory whose judges lacked life tenure, as mandated by Article III of the Constitution. Chief Justice John Marshall upheld the courts on the basis of Congress's broad power to enact local laws for territories under Article IV, Section 3, Clause 2 of the Constitution.[1] The case was later discussed in Dred Scott v. Sandford, where Chief Justice Roger Taney distinguished it in holding that Congress could not ban slavery within a territory.
References
- ↑ "Property and Territory: Powers of Congress". Justia.com.
External links
- Text of American Insurance Company v. 356 Bales of Cotton, 26 U.S. (1 Pet.) 511 (1828) is available from: Findlaw Justia Library of Congress OpenJurist
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