tax, the
Supreme Court specifically mentioned the equal protection clause as the
source of the federal right, but took no account of the plaintiff's
status as a nonresident, beyond a passing reference to the existence of
diversity of citizenship.[1023] When a State has admitted a foreign
corporation to do business within its borders, that corporation is
entitled to equal protection of the laws, but not necessarily to
identical treatment with domestic corporations.[1024] A foreign
corporation licensed to do business within a State upon payment of an
annual license tax is subject to the power of the State to change at any
time the conditions of admission for the future. If it fails to pay an
increased license tax as a prerequisite to doing business, it is not
"within the jurisdiction" and unequal burdens may be laid upon it as
compared with other foreign corporations.[1025]
"Equal Protection of the Laws"
Equal protection of the laws means the protection of equal laws.[1026]
It forbids all invidious discrimination but does not require identical
treatment for all persons without recognition of differences in relevant
circumstances. It requires "that equal protection and security should be
given to all under like circumstances in the enjoyment of their personal
and civil rights; that all persons should be equally entitled to pursue
their happiness and acquire and enjoy property; that they should have
like access to the courts of the country for the protection of their
persons and property, the prevention and redress of wrongs, and the
enforcement of contracts; that no impediment should be interposed to the
pursuits of anyone except as applied to the same pursuits by others
under like circumstances; that no greater burdens should be laid upon
one than are laid upon others in the same calling and condition, and
that in the administration of criminal justice no different or higher
punishment should be imposed upon one than such as is prescribed to all
for like offenses."[1027] The Amendment was not "designed to interfere
with the power of the State, sometimes termed its 'police power,' to
prescribe regulations to promote the health, peace, morals, education,
and good order of the people, and to legislate so as to increase the
industries of the State, develop its resources, and add to its wealth
and prosperity * * * Regulations for these purposes may press with more
or less weight upon one than upon another, but they are de
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