Rights of Citizens and Persons Under the Fourteenth Amendment

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Press of the New era publishing Company Lancaster, Pa., 1905 - 70 σελίδες
 

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Σελίδα 29 - What these fundamental principles are it would perhaps be more tedious than difficult to enumerate. They may, however, be all comprehended under the following general heads : protection by the government, the enjoyment of life and liberty, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety — subject, nevertheless, to such restraints as the government may justly prescribe for the general good of the whole.
Σελίδα 55 - To justify the state In thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference ; and, second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.
Σελίδα 43 - Amendment, by parity of reason, it refers to that law of the land in each State which derives its authority from the inherent and reserved powers of the State, exerted within the limits of those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions...
Σελίδα 30 - The right of a citizen of one state to pass through, or to reside in any other state, for purposes of trade, agriculture, professional pursuits, or otherwise...
Σελίδα 41 - It follows that any legal proceeding enforced by public authority, whether sanctioned by age and custom, or newly devised in the discretion of the legislative power, in furtherance of the general public good, which regards and preserves these principles of liberty and justice, must be held to be due process of law.
Σελίδα 30 - State ; to take, hold, and dispose of property, either real or personal ; and an exemption from higher taxes or impositions' than are paid by the other citizens of the State...
Σελίδα 64 - The provision in the fourteenth amendment that no state shall deny to any person within its jurisdiction the equal protection of the laws was not intended to prevent a state from adjusting its system of taxation in all proper and reasonable ways. It may, if it chooses, exempt certain classes of property from any taxation at all, such as churches, libraries and the property of charitable institutions.
Σελίδα 6 - That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States...
Σελίδα 51 - The only security against the abuse of this power is found in the structure of the government itself. In imposing a tax the legislature acts upon its constituents. This is in general a sufficient security against erroneous and oppressive taxation.
Σελίδα 41 - Due process of law was well defined by Mr. Justice Field in Hagar v. Reclamation District, 111 US 701, in the following words : "It is sufficient to observe here, that by ' due process ' is meant one which, following the forms of law, is appropriate to the case, and just to the parties to be affected. It must be pursued in the ordinary mode prescribed by the law...

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