GPO-CONAN-2017-10-15.pdf

375 see eg snowden v hughes 321 us 1 1944 right to

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375 See , e.g. , Snowden v. Hughes, 321 U.S. 1 (1944) (right to become a candidate for state office is a privilege only, hence an unlawful denial of such right is not a denial of a right of “property”). Cases under the equal protection clause now man- date a different result. See Holt Civic Club v. City of Tuscaloosa, 439 U.S. 60, 75 (1978) (seeming to conflate due process and equal protection standards in political rights cases). 376 Angle v. Chicago, St. Paul, M. & D. Ry., 151 U.S. 1 (1894). 377 Coombes v. Getz, 285 U.S. 434, 442, 448 (1932). 378 Gibbes v. Zimmerman, 290 U.S. 326, 332 (1933). See Duke Power Co. v. Caro- lina Envtl. Study Group, 438 U.S. 59 (1978) (limitation of common-law liability of private industry nuclear accidents in order to encourage development of energy a rational action, especially when combined with congressional pledge to take neces- sary action in event of accident; whether limitation would have been of questionable validity in absence of pledge uncertain but unlikely). 379 Shriver v. Woodbine Bank, 285 U.S. 467 (1932). 380 Chase Securities Corp. v. Donaldson, 325 U.S. 304, 315–16 (1945). 1905 AMENDMENT 14—RIGHTS GUARANTEED
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State Control over Local Units of Government The Fourteenth Amendment does not deprive a state of the power to determine what duties may be performed by local officers, and whether they shall be appointed or popularly elected. 381 Nor does a statute requiring cities to indemnify owners of property damaged by mobs or during riots result in an unconstitutional deprivation of the property, even when the city could not have prevented the vio- lence. 382 Likewise, a person obtaining a judgment against a munici- pality for damages resulting from a riot is not deprived of property without due process of law by an act that so limits the municipali- ty’s taxing power as to prevent collection of funds adequate to pay it. As long as the judgment continues as an existing liability, no unconstitutional deprivation is experienced. 383 Local units of government obliged to surrender property to other units newly created out of the territory of the former cannot suc- cessfully invoke the Due Process Clause, 384 nor may taxpayers al- lege any unconstitutional deprivation as a result of changes in their tax burden attendant upon the consolidation of contiguous munici- palities. 385 Nor is a statute requiring counties to reimburse cities of the first class but not cities of other classes for rebates allowed for prompt payment of taxes in conflict with the Due Process Clause. 386 Taxing Power Generally. —It was not contemplated that the adoption of the Fourteenth Amendment would restrain or cripple the taxing power of the states. 387 When the power to tax exists, the extent of the bur- den is a matter for the discretion of the lawmakers, 388 and the Court will refrain from condemning a tax solely on the ground that it is excessive.
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