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Prigg
v. Pennsylvania (1842): Penn. statute barred
self-help in the return of slaves. Prigg is a slave owner
who was convicted in a criminal case under Penn law for trying to
get his fugitive slave back. Prigg appeals conviction based
on theory that Penn law in unconstitutional [Constitution,
Article IV § 2[3] allows a slave owner to reclaim a fugitive
slave from a free state].
1.
Held: Federal law trumps state law
2.
This clause reflects the compromise part of the constitution
3.
Justice Story: This clause is self-executing, meaning no
additional legislation is needed by Congress. Thus, since
clause is self-executing, one can exercise self-help
a.
Clause is very clear (like the prez must be 35 years old)
b.
Majoritys approach reflects that this clause was a
compromise
4.
Justice Tawny (concurrence): Agrees w/ result, but believes that
states should be able to legislate. Sees this as a
compromise b/t states.
5.
Justice McLean (dissent): Fugitive Slave Act does not address
self-help. Process set up by Fed Govt in which owner was to
go to the magistrate or federal judge ? need a hearing.
Thus, self-help not allowed
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