Property Spring 1995 William Nelson Chapter I: The Power of Legislatures to Allocate Wealth



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C. Loan Association v. Topeka (1875) Miller

1. basically, decision states that municipality can't take

property from 1 person & give to another -- NO REDISTRIBUTION
2. difference w/ Slaughterhouse

a. Slaughterhouse protecting public health- valid function

b. Loan Association trying to bring jobs (not valid function)
3. gov't shouldn't be in the business of re-distributing wealth

a. taxes should be collected for public purposes

b. taxes should be collected in a equal fashion.
4. worries more about taxation than regulation: "Of all the

powers conferred upon government that of taxation is most

liable to be abused.


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