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Casebook Read Credits
Shameful or Ignored Supreme Court Cases
Resource 2 . 1
13 minutes

American Insurance v. 356 Bales of Cotton

Seth J. Chandler

1. What is the holding of this case? Hint: this is by no means an easy question.

2. Does Marshall acknowledge any limitations on Congressional power over the territories? Does it include, for example, the right to ban slavery?

3. Does Marshall acknowledge any limitations on the United States' ability to acquire and hold territories? For example, could it hold permanent territories with no intention of ever making them a state?

4. Does Marshall provide any insight on the applicability of other provisions of the Constitution over the territories? Bill of rights? Privileges and immunities of Article IV. Ex post facto prohibition?

Supreme Court of the United States
1 Pet. 511, 26 U.S. 511, 7 L. Ed. 242, 1828 U.S. LEXIS 421, SCDB 1828-050
1828-01

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