Where the statute which created a
tribal council for the Osage Indians, to be elected by the tribe, at the
same time vested the Secretary of the Interior with discretion to remove
a member without notice or hearing, there was no denial of due process
of law since the right to elect was united in its creation with the
right of removal.[254] A statute of the Choctaw Nation providing for the
forfeiture and sale of buildings erected on their lands, was held to be
unenforceable without giving the builder an opportunity to be
heard.[255]

The National Eminent Domain Power

SCOPE OF POWER

Being an incident of sovereignty, the right of eminent domain requires
no constitutional recognition. The requirement of just compensation is
merely a limitation upon the exercise of a preexisting power[256] to
which all private property is subject.[257] This prerogative of the
National Government can neither be enlarged nor diminished by a
State.[258] Whenever lands in a State are needed for a public purpose,
Congress may authorize that they be taken, either by proceedings in the
courts of the State, with its consent, or by proceedings in the courts
of the United States, with or without any consent or concurrent act of
the State.[259] The facts that land included in a federal reservoir
project is owned by a State, or that its taking may impair the tax
revenue of the State, that the reservoir will obliterate part of the
State's boundary and interfere with the State's own project for water
development and conservation, constitute no barrier to the condemnation
of the land by the United States under its superior power of eminent
domain.[260]

ALIEN PROPERTY

There is no constitutional prohibition against confiscation of enemy
property.[261] Congress may authorize seizure and sequestration through
executive channels of property believed to be enemy owned if adequate
provision is made for return in case of mistake.[262] An alien friend is
entitled to the protection of the Fifth Amendment against a taking of
property for public use without just compensation.[263] The fact that
property of our citizens may be confiscated in that alien's country does
not subject the alien friend's property to confiscation here.[264]

PUBLIC USE

The extent to which private property shall be taken for public use rests
wholly in the legislative discretion.[265] Whether the courts have power
to review a determination of the lawmakers that a particular