Joseph A. Wherry and Others, Heirs of Mackey Wherry Deceased, Appellants v. The United States was a case heard by the US Supreme Court in 1836 that dealt with the issue of whether or not an heir could bring suit against the government for land taken from their ancestor without compensation. In this case, Joseph A. Wherry and other heirs were attempting to recover lands which had been granted to their ancestor Mackey Wherry prior to his death in 1794 by Congress under Virginia's Act of Cession (1784). The court held that since no contract existed between Mackey and the United States at the time he died, there was no legal basis for any claim on behalf of his heirs against the government; thus denying them any right to sue for damages due to taking possession of said property without just compensation as required by law. This decision established a precedent whereby individuals cannot bring suit against governments when it comes to matters involving private property rights unless they can prove some form contractual agreement exists between themselves and said government entity beforehand.

In the case of Joseph A. Wherry and Others, Heirs of Mackey Wherry Deceased v. The United States, the dissenting opinion argued that Congress had no authority to pass a law granting land in Missouri to veterans who served during the War of 1812. According to Chief Justice Taney's dissent, this was an unconstitutional exercise of power because it violated Article I Section 8 Clause 17 which states that only Congress has the right "to exercise exclusive Legislation" over federal lands acquired by treaty or conquest from foreign nations. Furthermore, he argued that even if such legislation were permissible under Article I Section 8 Clause 17, it would still be invalid as it violates other constitutional provisions including those relating to contracts and due process rights for citizens living on these lands at the time they are granted away by Congress. Ultimately then, Chief Justice Taney concluded that while he sympathized with veterans who fought in defense of their country during wartime service; nevertheless any attempt by Congress to grant them land must comply with all applicable constitutional requirements before being deemed valid and enforceable