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
History
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
Constitutional law -- United States; Constitutions -- United States
The power of Congress with respect to prizes is plenary; no one can have
any interest in prizes captured except by permission of Congress.[1301]
Nevertheless, since International Law is a part of our law, the Court
will administer it so long as it has not been modified by treaty or by
legislative or executive action. Thus, during the Civil War, the Court
found that the Confiscation Act of 1861, and the Supplementary Act of
1863, which, in authorizing the condemnation of vessels, made provision
for the protection of interests of loyal citizens, merely created a
municipal forfeiture and did not override or displace the law of prize.
It decided, therefore, that when a vessel was liable to condemnation
under either law, the government was at liberty to proceed under the
more stringent rules of International Law, with the result that the
citizen would be deprived of the benefit of the protective provisions of
the statute.[1302] Similarly, when Cuban ports were blockaded during the
Spanish-American War, the Court held, over the vigorous dissent of three
of its members, that the rule of International Law exempting unarmed
fishing vessels from capture was applicable in the absence of any treaty
provision, or other public act of the Government in relation to the
subject.[1303]
POLICE REGULATIONS; RENT CONTROL
In enforcing the requirement of due process of law in its modern
expanded sense of "reasonable law" the Court has recognized that a war
emergency may justify legislation which would otherwise be an
unconstitutional invasion of private rights. Shortly after the first
world war, it sustained, by a narrow margin, a rent control law for the
District of Columbia, which not merely limited the rents which might be
charged but which also gave the existing tenants the right to continue
in occupancy of their dwellings at their own option, provided they paid
rent and performed other stipulated conditions. The Court, while
conceding that ordinarily such legislation would transcend
constitutional limitations, declared that "a public exigency will
justify the legislature in restricting property rights in land to a
certain extent without compensation. * * * A limit in time, to tide over
a passing trouble, well may justify a law that could not be upheld as a
permanent change."[1304] During World War II an apartment house owner
who complained that the rentals allowed by the Office of Price
Administration did not afford a "fair return" on the property was told
by the Court that, "a nation which can demand the lives of its men and
women in the waging of * * * war is under no constitutional necessity of
providing a system of price control * * * which will assure each
landlord a 'fair return' on his property."[1305] Moreover, such rentals
may be established without a prior hearing because "national security
might not be able to afford the luxuries of litigation and the long
delays which preliminary hearings traditionally have entailed. * * *
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