Jacobs v United States     20

" and on an implied contract But given this general jurisdictional grant, analogous to § 1331 in our case, the damage remedy was implied from the constitutional right itself The right to just compensation can scarcely be vindicated other than by securing just compensation Thus the Court read the Fifth Amendment as self-executing, creating a duty to pay upon the government even in the absence of specific statutory authorization for suits to enforce the right to just compensation 290 US at 16, 54 SCt 26 See Battaglia v General Motors Corporation , 169 F 2d 254, 257 (2d Cir ) (dictum)