531 laches persons failing to avail themselves of an

Info icon This preview shows pages 99–101. Sign up to view the full content.

531 Laches. —Persons failing to avail themselves of an opportunity to object and be heard cannot thereafter complain of assessments as arbitrary and unconstitutional. 532 Likewise a car company that failed to report its gross receipts, as required by statute, has no further right to contest the state comptroller’s estimate of those re- ceipts and his adding to his estimate the 10 percent penalty permit- ted by law. 533 Eminent Domain The Due Process Clause of the Fourteenth Amendment has been held to require that when a state or local governmental body, or a private body exercising delegated power, takes private property it must provide just compensation and take only for a public purpose. Applicable principles are discussed under the Fifth Amendment. 534 Fundamental Rights (Noneconomic Substantive Due Process) A counterpart to the now-discredited economic substantive due process, noneconomic substantive due process is still vital today. The concept has come to include disparate lines of cases, and various labels have been applied to the rights protected, including “funda- mental rights,” “privacy rights,” “liberty interests” and “incorpo- rated rights.” The binding principle of these cases is that they in- volve rights so fundamental that the courts must subject any legislation infringing on them to close scrutiny. This analysis, criticized by some for being based on extra-constitutional precepts of natural law, 535 serves as the basis for some of the most significant constitutional remedy. McKesson Corp. v. Florida Alcohol & Tobacco Div., 496 U.S. 18 (1990). See also Reich v. Collins, 513 U.S. 106 (1994) (violation of due process to hold out a post-deprivation remedy for unconstitutional taxation and then, after the disputed taxes had been paid, to declare that no such remedy exists); Newsweek, Inc. v. Florida Dep’t of Revenue, 522 U.S. 442 (1998) (per curiam) (violation of due process to limit remedy to one who pursued pre-payment of tax, where litigant reasonably relied on apparent availability of post-payment remedy). 531 Carpenter v. Shaw, 280 U.S. 363 (1930). 532 Farncomb v. Denver, 252 U.S. 7 (1920). 533 Pullman Co. v. Knott, 235 U.S. 23 (1914). 534 See analysis under “National Eminent Domain Power,” Fifth Amendment, su- pra . 535 See , e.g. , R AOUL B ERGER ,G OVERNMENT BY J UDICIARY : T HE T RANSFORMATION OF THE F OUR - TEENTH A MENDMENT (Cambridge: 1977). 1931 AMENDMENT 14—RIGHTS GUARANTEED
Image of page 99

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

holdings of our time. For instance, the application of the Bill of Rights to the states, seemingly uncontroversial today, is based not on con- stitutional text, but on noneconomic substantive due process and the “incorporation” of fundamental rights. 536 Other noneconomic due process holdings, however, such as the cases establishing the right of a woman to have an abortion, 537 remain controversial.
Image of page 100
Image of page 101
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern