The Essentials of American Constitutional Law — John Shaqi
The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
79. It is a fundamental of government in America that no person
shall be deprived of life, liberty, or property without due process
of law, nor shall private property be taken for public use without
compensation.[204] The prohibition and protection as to due process of
law extends both to the United States and to the States. The taking
by a State of the private property of a person,—and a corporation
is legally a person,—without the owner’s consent, for the private
use of another is not due process of law,[205] and it violates
the Fourteenth Amendment. A State possesses exclusive jurisdiction
and sovereignty over persons and property within its territory and
consequently may determine for itself the civil status and capacities
of its inhabitants; may prescribe the subjects upon which they may
contract, and regulate the manner and conditions upon which property
situated within its territory—or jurisdiction—may be acquired, enjoyed,
and transferred; but no State can exercise direct jurisdiction and
authority over persons or property without its jurisdiction. The
laws of a State have no operation outside its territory “except so
far as is allowed by comity; any exertion of authority by a State
beyond its territory is a nullity.” The sovereign power of the State
over property within its jurisdiction, belonging to non-residents is
exercisable as over the property of residents. But the property right
of the non-resident cannot be invalidated save by due process of law,
which means, _inter alia_, the right of the non-resident to appear
personally, or by representative, in the courts of the State to protect
his own interests. A State law under which a nonresident’s property
should be taken without such notice would be unconstitutional by the
Fourteenth Amendment.[206]
But the Fourteenth Amendment does not deprive the States of their
police power over “subjects within their jurisdiction.”[207]
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