(d) Dartmouth College v Woodward (1819)
The Land Ordinances of 1785 and 1787 established property rights in land that
provided for all of the following except
(a) Perpetual ownership, if desired
(b) Direct inheritance
(c) Complete freedom to sell as desired
(d) Required inheritance through the principle of primogeniture
When the theory of mercantilism was superseded by the theory of “classical liberalism”
of Adam Smith around the time of the American Revolution,
(a) the colonies had shifted toward laissez faire, governmental noninvolvement in the
private economy, but the new nation rejected the philosophy of laissez faire.
(b) governmental involvement in the private economy persisted in both the colonies and
the new nation; the U.S. Constitution adopted the common law from England which
sanctioned certain types of governmental involvement.
(c) governmental involvement had already been largely abandoned in the colonies and
laissez faire was officially adopted by the new nation.