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Bennett v. Hunter

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eBook details

  • Title: Bennett v. Hunter
  • Author : United States Supreme Court
  • Release Date : January 01, 1869
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 57 KB

Description

Messrs. Chittenden and Willoughby (Mr. Hoar, Attorney-General, and Mr. Field, Assistant Attorney-General, filing a brief by leave of the court, for the United States), for the plaintiff in error: 1. Congress, having power to 'lay and collect' taxes, and 'to make all laws which shall be necessary and proper for carrying into execution' that power, may, for the purpose of enforcing their collection, declare a forfeiture of land for the non-payment of taxes laid thereon, or authorize a sale, by summary proceedings on the part of the executive branch of the government, of the whole of such land. Such summary measure is not in conflict with that clause of the Constitution which declares that no person shall be deprived of property without 'due process of law.'4 That clause refers solely to the exercise by the State of the right of eminent domain.5


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