The Constitution of the United States of America: Analysis and Interpretation - Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952 by Unknown
page 54 of 2517 (02%)
page 54 of 2517 (02%)
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(1948).
[59] "... the supreme power cannot take from any man any part of his property without his consent". _Second Treatise_, ยง 138. [60] Van Home's Lessee _v._ Dorrance, 2 Dall. 304, 310 (1795). [61] Calder _v._ Bull, 3 Dall. 386, 388-389 (1798). _See also_ Loan Association _v._ Topeka, 20 Wall. 655 (1875). [62] Bank of Columbia _v._ Okely, 4 Wheat. 235, 244. [63] Scott _v._ Sandford, 19 How. 393, 450 (1857). [64] 13 N.Y. 378 (1856). [65] Ibid. 390-392. The absolute veto of the Court of Appeals in the Wynehamer case was replaced by the Supreme Court, under the due process clause of the Fourteenth Amendment, by a more flexible doctrine, which left it open to the State to show reasonable justification for that type of legislation in terms of acknowledged ends of the Police Power, namely, the promotion of the public health, safety and morals. _See_ Mugler _v._ Kansas, 123 U.S. 623 (1887); and for a transitional case, Bartemeyer _v._ Iowa, 18 Wall. 129 (1874). [66] The Slaughter House Cases, 16 Wall. 36, 78-82 (1873). The opinion of the Court was focused principally on the privileges and immunities clause, and the narrow construction given it at this time is still the law of the Court. But Justices Bradley and Swayne pointed out the potentialities of the due process of law clause, and the former's |
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