Neil Gorsuch testifies at his confirmation hearing in March. Photo: Diego M. Radzinschi/ NLJ made a vow first contracts clause case ruling Sveen v. Melin

"Of course, the framers knew how to impose more nuanced limits on state power. The very section of the Constitution where the contracts clause is found permits states to take otherwise unconstitutional action when 'absolutely necessary,' if 'actually invaded,' or 'wit[h] the consent of Congress.' But in the contracts clause the framers were absolute. They took the view that treating existing contracts as 'inviolable' would benefit society by ensuring that all persons could count on the ability to enforce promises lawfully made to them—even if they or their agreements later prove unpopular with some passing majority."

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