Calder v. Bull
3 U.S. 386; 1 L. Ed. 648; 1798 U.S. LEXIS 148; 3 Dall. 386



Interesting case. Ask yourself what wrong did you commit?

"An ACT of the Legislature (for I cannot call it a law) contrary to the
great first principles of the social compact, cannot be considered a
rightful exercise of legislative authority. The obligation of a law in
governments established on express compact, and on republican
principles, must be determined by the nature of the power, on which it
is founded. A few instances will suffice to explain what I mean. A
[***6] law that punished a citizen for an innocent action, or, in other
words, for an act, which, when done, was in violation of no existing
law; a law that destroys, or impairs, the lawful private contracts of
citizens; a law that makes a man a Judge in his own cause; or a law
that takes property from A. and gives it to B: It is against all reason
and justice, for a people to entrust a Legislature with SUCH powers;
and, therefore, it cannot be presumed that they have done it. The
genius, the nature, and the spirit, of our State Governments, amount to
a prohibition of such acts of legislation; and the general principles
of law and reason forbid them. The Legislature may enjoin, permit,
forbid, and punish; they may declare new crimes; and establish rules of
conduct for all its citizens in future cases; they may command what is
right, and prohibit what is wrong; but they cannot change innocence
into guilt; or punish innocence as a crime; or violate the right of an
antecedent lawful private contract; or the right of private property.
To maintain that our Federal, or State, Legislature possesses such
powers, if they had not been expressly restrained; would, [*389] in my
opinion, be a political [***7] heresy, altogether inadmissible in our
free republican governments."