Chapter LXXIX: Section 1: Citizenship; privileges and immunities; due process;

equal protection 963
Citizens of the United States 963
Kinds and sources of citizenship 963
History 963
Judicial elucidation of the citizenship clause 964
National and State citizenship 965
Corporations 965
Privileges and immunities 965
Purpose and early history of the clause 965
Privileges and immunities of citizens of the United States 967
Privileges held not within the protection of the clause 969
Due process of law clause 971
Historical development 971
Police power: liberty: property 974
Liberty of contract--labor relations 976
Definitions 981
"Persons" defined 981
Due process and the police power 982
Definition 982
Limitations on the police power 982
"Liberty," in general 983
Definitions 983
Personal liberty: compulsory vaccination: sexual
sterilization 984
Liberties pertaining to education (of teachers, parents,
pupils) 984
Liberties safeguarded by the first eight amendments 985
Liberty of contract (labor relations) 985
In general 985
Laws regulating hours of labor 986
Laws regulating labor in mines 987
Laws prohibiting employment of children in hazardous
occupations 987
Laws regulating payment of wages 987
Minimum wage laws 988
Workmen's compensation laws 989
Collective bargaining 991
Regulation of charges; Business affected with a Public
Interest 994
History 994
Nebbia _v._ New York 996
Judicial review of publicly determined rates and charges 998
Development 998
Limitations on judicial review 1000
Ben Avon Case 1003
History of the valuation question 1004
Regulation of public utilities (other than rates) 1008
In general 1008
Compulsory expenditures 1009
Grade crossings and other expenditures by railroads 1010
Compellable services 1011
Intercompany railway service 1012
Intercompany discriminatory service charges 1013
Safety regulations applicable to railroads 1014
Liabilities and penalties 1014
Regulation of corporations, business, professions, and
trades 1016
Domestic corporations 1016
Foreign corporations 1016
Business in general 1017
Laws prohibiting trusts, discrimination, restraint of
trade 1017
Statutes preventing fraud in sale of goods 1018
Blue sky laws; laws regulating boards of trade, etc. 1019
Trading stamps 1019
Banking 1020
Loans, interest, assignments 1020
Insurance 1021
Professions, trades, occupations 1023
Pharmacies 1023
Miscellaneous business, professions, trades, and
occupations 1023
Protection of resources of the State 1025
Oil and gas 1025
Protection of property damaged by mining or drilling of
wells 1026
Water 1026
Apple and citrus fruit industries 1026
Fish and game 1027
Limitations on ownership 1027
Zoning, building lines, etc. 1027
Safety regulations 1029
Police power 1029
General 1029
Health measures 1030
Protection of water supply 1030
Garbage 1030
Sewers 1030
Food and Drugs, etc. 1030
Milk 1030
Protection of public morals 1031
Gambling and lotteries 1031
Red light districts 1031
Sunday blue laws 1031
Intoxicating liquor 1031
Regulation of motor vehicles and motor carriers 1032
Succession to property 1033
Administration of estates 1034
Abandoned property 1034
Vested rights, remedial rights; political candidacy 1034
Man's best friend 1035
Control of local units of government 1035
Taxation 1036
In general 1036
Public purpose 1036
Other considerations affecting validity: excessive
burden; ration of amount to benefit received 1037
Estate, gift and inheritance taxes 1037
Other types of taxes 1036
Income taxes 1036
Franchise taxes 1036
Severance taxes 1036
Real property taxes (assessment) 1036
Real property taxes (special assessments) 1040
Jurisdiction to tax 1041
Land 1041
Tangible personalty 1041
Intangible personalty 1042
General 1042
Taxes on intangibles sustained 1042
Taxes on intangibles invalidated 1044
Transfer taxes (inheritance, estate, gift taxes) 1045
Corporation taxes 1049
Intangible personal property 1049
Privilege taxes measured by corporate stock 1050
Privilege taxes measured by gross receipts 1051
Taxes on tangible personal property 1052
Income and other taxes 1053
Individual incomes 1053
Incomes of foreign corporations 1054
Chain store taxes 1055
Insurance company taxes 1055
Procedure in taxation 1056
In general 1056
Notice and hearing in relation to general taxes 1057
Notice and hearing in relation to assessments 1057
Notice and hearing in relation to special assessments 1058
Sufficiency and manner of giving notice 1060
Sufficiency of remedy 1060
Laches 1061
Collection of taxes 1061
Eminent Domain 1062
Historical development 1062
Public use 1063
Necessity for a taking 1064
What constitutes a taking for a public use 1064
Just compensation 1066
Uncompensated takings 1067
Consequential damages 1067
Limits to the above rule 1068
Due process in eminent domain 1069
Notice 1069
Hearing 1069
Occupation in advance of condemnation 1070
Due process in civil proceedings 1070
Some general criteria 1070
Ancient usage and uniformity 1070
Equality 1071
Due process and judicial process 1071
Jurisdiction 1072
In general 1072
How perfected: by voluntary appearance or service of
process 1072
Service of process in actions in personam: individuals,
resident and nonresident 1073
Suits in personam 1075
Suability of foreign corporations 1075
Service of process 1080
Actions in rem--proceedings against land 1080
Actions in rem--attachment proceedings 1081
Actions in rem--corporations, estates, trusts, etc. 1081
Actions in rem--divorce proceedings 1083
Misnomer of defendant--false return, etc. 1083
Notice and hearing 1084
Legislative proceedings 1084
Administrative proceedings 1084
Statutory proceedings 1087
Judicial proceedings 1087
Sufficiency of notice and hearing 1088
Power of States to regulate procedure 1089
Generally 1089
Pleading and practice 1089
Commencement of actions 1089
Pleas in abatement 1090
Defenses 1090
Amendments and continuances 1091
Costs, damages, and penalties 1091
Statutes of limitation 1092
Evidence and presumptions 1093
Jury trials: dispensing with trials 1096
Due process in criminal proceedings 1096
General 1096
Indefinite statutes: right of accused to knowledge of
offense 1097
Abolition of the grand jury 1098
Right to counsel 1098
Right to trial by jury 1109
Self-incrimination: forced confessions 1111
Unreasonable searches and seizures 1121
Conviction based on perjured testimony 1124
Confrontation: presence of the accused; public trial 1126
Trial by impartial tribunal 1131
Other attributes of a fair trial 1132
Excessive bail, cruel and unusual punishment, sentence 1133
Double jeopardy 1135
Rights of prisoners 1137
Access to the courts 1137
Appeals: corrective process 1137
Due process: miscellaneous 1139
Appeals 1139
Federal review of State procedure 1140
Equal protection of the laws 1141
Definition of terms 1141
What constitutes State action 1141
"Persons" 1142
"Within its jurisdiction" 1143
"Equal protection of the laws" 1144
Legislative classifications 1145
Taxation 1146
Classifications for the purpose of taxation 1147
Foreign corporations 1149
Income taxes 1150
Inheritance taxes 1150
Motor vehicle taxes 1151
Poll taxes 1152
Property taxes 1152
Special assessment 1152
Police power 1153
Classification 1153
Administrative discretion 1157
Alien laws 1157
Labor relations 1158
Monopolies 1160
Punishment for crime 1160
Segregation 1161
Political rights 1163
Procedure 1165
General doctrine 1165
Access to courts 1166
Corporations 1166
Expenses of litigation 1167
Selection of jury 1167
Section 2. Apportionment of representation 1170
In general 1171
"Indians not taxed" 1171
Right to vote 1172
Reduction of State's representation 1172
Section 3. Disqualification of officers 1173
In general 1173
Section 4. Public debt, etc. 1174
Section 5. Enforcement 1175
Scope of the provision 1175

RIGHTS OF CITIZENS

Amendment 14