Phillips v. Payne

Phillips v. Payne, 92 U.S. 130 (1875), was a United States Supreme Court case in which the court held that a taxpayer does not have standing to challenge the validity of retrocession, because whether a state controls a territory is based on its de facto control, not whether the state has a de jure right to control it. The court observed that since 1847, pursuant to the act of Congress of the preceding year, the State of Virginia had been in de facto possession of the County of Alexandria , which, prior thereto, formed a part of the District of Columbia . This reclamation of the land was called retrocession . The court did not reach the question of whether retrocession was unconstitutional.

The theory that the United States recognizes territorial sovereignty based on the fact of territorial rule rather than the right to rule has been rejected since Phillips.

References

(https://en.wikipedia.org/w/index.php?title=Phillips_v._Payne&action=edit&section=1 "Edit section: References")

1. Jump up to: 1 2 Evan C. Zoldan, THE PERMANENT SEAT OF GOVERNMENT: AN UNINTENDED CONSEQUENCE OF HEIGHTENED SCRUTINY UNDER THE CONTRACT CLAUSE, 14 J. Legislation & Pup. Pol'y 163 (2011).
2. ↑ Lerner, Brian (April 1, 1999). "Restoring Accountability at the Municipal Level: The "Save Miami Beach" Zoning Referendum" . University of Miami Law Review. 53 (3): 541.
3. ↑ Barnes, Johnny (March 31, 2010). "Towards Equal Footing: Responding To The Perceived Constitutional, Legal And Practical Impediments To Statehood For The District Of Columbia" . University of the District of Columbia Law Review. 13 (1): 1. ISSN  1063-8601 .

External links

(https://en.wikipedia.org/w/index.php?title=Phillips_v._Payne&action=edit&section=2 "Edit section: External links")

• Text of Phillips v. Payne, 92 U.S. 130 (1875) is available from: Findlaw Justia Library of Congress OpenJurist

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