Facts of the Case
An assessment of certain real estate in New Orleans for draining the swamps of that City was resisted in the State courts, and by writ of error brought here on the ground that the proceeding deprives the owner of his property without due process of law.
Conclusions
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1. The origin and history of this provision of the Constitution, as found in Magna Charta and in the Fifth and Fourteenth Amendments to the Constitution of the United States considered. 2. The Court suggests the difficulty and danger of attempting an authoritative definition of what it is for a State to deprive a person of life, liberty, or property without due process of law within the meaning of the Fourteenth Amendment, and holds that the annunciation of the principles which govern each case as it arises is the better mode of arriving at a sound definition. 3. This Court has heretofore decided that due process of law does not in all cases require a resort to a court of justice to assert the rights of the public against the individual, or to impose burdens upon his property for the public use. Murray's Lessee et al. v. Hoboken Land and Improvement Company , 18 How. 272, and McMillan v. Anderson, 95 U. S. 37 .
The Labor Law Enigma: Article III, Judicial Power, and the National Labor Relations Board
Federalist Society Review, Volume 24
Axon Enterprises v. FTC[1] wasn’t supposed to be about labor law. In fact, it wasn’t...
