UNITED STATES V. HEINSZEN & CO., 206 U. S. 370 (1907)

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U.S. Supreme Court

United States v. Heinszen & Co., 206 U.S. 370 (1907)

United States v. Heinszen & Company

No. 80

Argued April 9, 10, 1907

Decided May 27, 1907

206 U.S. 370


Congress, in dealing with the Philippine Islands, may delegate legislative authority to such agencies as it may select and may ratify the acts of agents as fully as if such acts had been specially authorized by a prior act of Congress.

The Act of June 30, 1906, 34 Stat. 636, legalizing and ratifying the imposition and collection of duties by the authorities of the United States in the Philippine Islands prior to March 8, 1902, was within the power of Congress, and can be given effect without depriving persons who had paid such duties of their property without due process of law or taking their property for public use without compensation in violation of the Fifth Amendment.

The mere commencement of a suit does not affect the right of Congress to ratify executive acts, and the fact that, at the time the ratifying statute was enacted, actions were pending for the recovery of sums paid does not cause the statute to be repugnant to the Constitution. References in De Lima v. Bidwell, 182 U.S. as to want of power to ratify after suit brought are to be regarded as obiter dicta.

The facts are stated in the opinion.

Page 206 U. S. 377

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