The power of citizenship as a shield against oppression was widely known from the example of Paul 's Roman citizenship, which sent the centurion scurrying to his higher-ups with the message: "Take heed what thou doest: for this man is a Roman".
The physical power to get the money does not seem to me a test of the right to tax. Might does not make right even in taxation. To hold that what the use of official authority may get the state may keep, and that if it cannot get hold of a nonresident stockholder it may hold the company as hostage for him, is strange constitutional doctrine to me.
The petitioner's problem is to avoid Scylla without being drawn into Charybdis.
In this court the parties changed positions as nimbly as if dancing a quadrille.
The mere state of being without funds is a neutral fact constitutionally an irrelevance, like race, creed, or color.
Of course, such judicial misconstruction theoretically can be cured by constitutional amendment. But the period of gestation of a constitutional amendment, or of any law reform, is reckoned in decades usually; in years, at least. And, after all, as the Court itself asserted in overruling the minimum-wage cases, it may not be the Constitution that was at fault.
It is hardly lack of due process for the Government to regulate that which it subsidizes.
Any court which undertakes by its legal processes to enforce civil liberties needs the support of an enlightened and vigorous public opinion which will be intelligent and discriminating as to what cases really are civil liberties cases and what questions really are involved in those cases.
It is only the words of the bill that have presidential approval, where that approval is given. It is not to be supposed that in signing a bill the President endorses the whole Congressional Record.
But the validity of a doctrine does not depend on whose ox it gores.
Due process requires some definite link, some minimum connection, between a state and the person, property or transaction it seeks to tax.
The office of the lawyer ... is too delicate, personal and confident to be occupied by a corporation.
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