Cumulative Exam — Cumulative exam

Question 13 • AP US Government and Politics

Fletcher v. Peck (1810) dealt with the inviolability of contracts versus state legislative authority.

Answer

According to Georgia law, contracts made due to bribes are illegal and repealed; therefore, the contract was null and void.

Georgia lawmakers ruled that contracts made by the prior administration were illegal under their state constitution and requested that the Supreme Court support this decision.

Citing Article I, Marshall supported the Supreme Court’s review of state law, establishing that contracts under state law prevail.

Referencing Marbury v. Madison, Marshall cited the contracts clause as the means for siding with Peck in this case.

Explanation

Georgia had granted land to speculators, and a later legislature tried to cancel the grant after allegations of bribery. Chief Justice Marshall ruled that the grant was a contract and that the Constitution’s Contracts Clause barred Georgia from impairing it, so the Court sided with Peck. This reflects the Court’s power to review state laws, though the key basis for the ruling was the Contracts Clause—not that contracts under state law generally prevail.

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