Bank Of The United States V. Deveaux Case Study

Question 1
The U.S. Constitution and the two early Supreme Court cases on corporations—Bank of the United States v. Deveaux et al. (1809) and Trustees of Dartmouth College v. Woodward (1819)—are official U.S. government documents that influenced early U.S. capitalist development. Whose viewpoints do they reflect? What are the main features of the vision of capitalism that they promote? How are these ideas similar to or different from those expressed in Joseph Story’s 1840 letter to Daniel Webster, which discusses legal issues in a more personal and private context. Are there are any tensions within or between these documents?

Bank of the United States v. Deveaux et al. (1809) was a landmark case that paved the way for corporations to be able
Enjoying the same legal rights as individuals, importantly, the right to be compensated for damages.
Gaining ability to exist independent of legislative control.
Being able to choose their own employees.
Joseph Story's letter to Daniel Webster in 1840 showed a grave concern over the inclusion of corporations in the Bankrupt Law. The principle similarity is the safeguarding the interests of corporations to allow them to function smoothly without constant legal hindrance. There is further agreement in the notion that corporations do not get the same rights as individuals when Story questions the constitutional validity of the Act. The difference is that the other two set precedents for inclusion of corporates in the legal framework while Story's stand remains one of possible exclusion.

Question 2
Comparing the two opposing views on banks expressed by Appleton and Gouge in the early 1830s, what would you say are the main differences between them in their concerns, arguments, ' and assumptions? Are there any
However, while Gouge argued that one of the major reasons behind the success of corporations, especially banks, is state policy that favors their unethical practices, Appleton claimed that the core functions of banking, viz. Depositing and loaning, are principally not subject to legislative intervention and should not be eligible for taxation. Secondly, both of them presented their arguments to be in the best interests of the working class. The existence of corporations rests on the exploitation of labour, according to Gouge, as subscribers to banks either get bestowed with a charter resting more arbitrary power and ability to control the market in their hands or they keep getting richer without performing any labor. Moreover, their exemptions from liabilities increase the burden on the poor man who's still obliged to pay his. On the other hand, Appleton called for the removal of taxation as it is an impediment to the smooth functioning of a free market and takes away funds that could have been used for public prosperity. In summation, Gouge's concern was the exploitation of labor through accumulated capital while Appleton's concern was the emancipation of them as the same capital would be at their disposal once its converted into bank