North American Cold Storage Co. v. City of Chicago

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North American Cold Storage Co. v. Chicago
Seal of the United States Supreme Court.svg
Argued November 13, 1908
Decided December 7, 1908
Full case nameNorth American Cold Storage Co. v. City of Chicago
Citations211 U.S. 306 ( more )
29 S. Ct. 101; 53 L. Ed. 195; 1908 U.S. LEXIS 1546
Case history
Prior151 F. 120 (C.C.N.D. Ill. 1907)
Holding
A post-deprivation remedy can be adequate for property interests.
Court membership
Chief Justice
Melville Fuller
Associate Justices
John M. Harlan  · David J. Brewer
Edward D. White  · Rufus W. Peckham
Joseph McKenna  · Oliver W. Holmes Jr.
William R. Day  · William H. Moody
Case opinions
MajorityPeckham
DissentBrewer

North American Cold Storage Co. v. Chicago, 211 U.S. 306 (1908), was a case in which the United States Supreme Court held that no hearing was necessary prior to the seizure, condemnation, and destruction of food which was unwholesome and unfit for use. [1]

Supreme Court of the United States Highest court in the United States

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. Established pursuant to Article III of the U.S. Constitution in 1789, it has original jurisdiction over a narrow range of cases, including suits between two or more states and those involving ambassadors. It also has ultimate appellate jurisdiction over all federal court and state court cases that involve a point of federal constitutional or statutory law. The Court has the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. Executive acts can be struck down by the Court for violating either the Constitution or federal law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but it has ruled that it does not have power to decide non-justiciable political questions.

Contents

Facts

A Chicago ordinance allowed inspectors to inspect cold storage facilities for rotten food and summarily destroy unfit food. Chicago inspectors ordered the destruction of plaintiff’s poultry. The Company refused the order and sought an injunction.

Issue

Whether the provisions in the cold storage ordinances of Chicago for destruction of unsafe and unwholesome food are unconstitutional as depriving persons of property without due process of law because they do not provide for notice and opportunity to be heard before such destruction.

Holding

Under its police power, the state has the right to seize and destroy food which is unwholesome and unfit to use, and, in exercising such a power, due process of law, within the meaning of the Fourteenth Amendment, does not require previous notice and an opportunity to be heard; the party whose property is destroyed has a right of action after the act which is not affected by the ex parte condemnation of the state officers.

In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants. Under the Tenth Amendment to the United States Constitution, the powers not delegated to the Federal Government are reserved to the states or to the people. This implies that the Federal Government does not possess all possible powers, because most of these are reserved to the State governments, and others are reserved to the people.

Due Process Clause Clauses in the 5th and 14th Amendments to the U.S. Constitution

The Fifth and Fourteenth Amendments to the United States Constitution each contain a due process clause. Due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the government outside the sanction of law. The Supreme Court of the United States interprets the clauses broadly, concluding that these clauses provide four protections: procedural due process, substantive due process, a prohibition against vague laws, and as the vehicle for the incorporation of the Bill of Rights.

Fourteenth Amendment to the United States Constitution Amendment which grants citizenship to everyone born in the US and subject to its jurisdiction and protects civil and political liberties

The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Arguably one of the most consequential amendments to this day, the amendment addresses citizenship rights and equal protection of the laws and was proposed in response to issues related to former slaves following the American Civil War. The amendment was bitterly contested, particularly by the states of the defeated Confederacy, which were forced to ratify it in order to regain representation in Congress. The amendment, particularly its first section, is one of the most litigated parts of the Constitution, forming the basis for landmark decisions such as Brown v. Board of Education (1954) regarding racial segregation, Roe v. Wade (1973) regarding abortion, Bush v. Gore (2000) regarding the 2000 presidential election, and Obergefell v. Hodges (2015) regarding same-sex marriage. The amendment limits the actions of all state and local officials, including those acting on behalf of such an official.

Where, under the police power of the state, the legislature may enact laws for the destruction of articles prejudicial to public health, it is, to a great extent, within its discretion as to whether any notice and hearing shall be given, and the fact that the articles might be kept for a period does not give the owners a right to notice and hearing.

Importance

Wrongful loss of a property interest can always be made whole, unlike a liberty interest.

See also

Chicago City in Illinois, United States

Chicago, officially the City of Chicago, is the most populous city in Illinois, as well as the third most populous city in the United States. With an estimated population of 2,705,994 (2018), it is the most populous city in the Midwest. Chicago is the county seat of Cook County, the second most populous county in the United States, with small portions of the city extending westward into neighboring DuPage County. It is the principal city of the Chicago metropolitan area, often referred to as Chicagoland. At nearly 10 million people, the metropolitan area is the third-largest in the United States.

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References

  1. North American Cold Storage Co. v. City of Chicago, 211 U.S. 306 (1908).
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