This memorandum serves to analyze the arguments put forth by Kelo v. City of New London, concerning the constitutionality of the takings of property by the City of New London for economic development. Specifically it will look at the arguments made in the case about whether the attainment of private property by the City of New London for the purpose of economic development that would support private development meet the public use requirement of the Takings Clause of the Fifth Amendment as applied to the states. This memorandum will first give the facts that lead to the case, followed by an analysis of the majority opinion and concurring opinion, then the dissents will be analyzed, and finally two lessons learned for the case will be identified. Facts New London is a city in southeastern Connecticut with an approximate population of 24,000. The city suffered through an economic decline and was designated a distressed municipality in 1990. Later, the government closed the Naval Undersea Warfare Center, which was an employer of 1,500 people in the Fort Trumbull area. Consequently, t...
Iceland recognizes the issue of eminent domain, as they have had trouble with this in regards to geothermal deposits. However, they agree with the ECHR regarding rights to fair compensation. Governments should only take property if it will benefit the public as a whole.
...udicial branch of the American government must be checked by the legislatures of states. To prevent instances like this from reoccurring, it is essential for state legislatures to take preventative steps and draft bills that would further limit the ability of the government to appropriate private property while still protecting private property owners. At the federal level, since it is abundantly clear from the case of Midkiff that the Supreme Court will defer to the Congress to define “public use,” a constitutional remedy needs to take place in the form of an amendment to the Constitution. It would be essential that an amendment to the Public Use Clause would specify the guidelines and standards of a “public use” to preserve the original intent of the legislative authors and provide the necessary private property protection to which all all Americans have a right.
Beard, Charles Austin. An Economic Interpretation of the Constitution of the United States. New Brunswick, N.J.: Transaction Publishers, 1998. eBook Collection (EBSCOhost), EBSCOhost (accessed February 23, 2014
2. Was the Chicago ordinance, as defined in this case, unconstitutional in its contents because it failed to provide support for the First Amendment?
3. Beard, Charles A. "An Economic Interpretation of the Constitution of the United States". American Politics. Houghton Mifflin Company. Boston, MA. 1999. (Pages 27 -- 33).
Newark began to deteriorate and the white residents blamed the rising African-American population for Newark's downfall. However, one of the real culprits of this decline in Newark was do to poor housing, lack of employment, and discrimination. Twenty-five percent of the cities housing was substandard according to the Model C...
Henretta, James A and David* Brody. America: A concise History . Boston: Bedford/St. Martin's, 2010. Document.
Kanovitz, J. R. (2010). Constitutional Law (12th ed.). (E. R. Ebben, Ed.) New Providence, NJ,
Missouri and Florida’s New Laws Constitutional? Missouri Law Review, Spring2012, Vol. 77 Issue 2, p567-589. 23p. Retrieved from http://web.b.ebscohost.com.southuniversity.libproxy.edmc.edu/ehost/pdfviewer/pdfviewer?sid=aef9f6f7-734d-4a6c-adae-2b97736ecc93%40sessionmgr111&vid=2&hid=127
Kanovitz, J. R. (2010). Constitutional Law (12th ed.). (E. R. Ebben, Ed.) New Providence, NJ, U.S.A.: Matthew Bender & Company, Inc., LexisNexis Gorup.
The evolution of power gained by the Federal government can be seen in the McCuloch versus Maryland (1819) case. This case des...
Since the beginning of European colonization whites have taken Native American’s lands in order to expand their own settlements. Throughout the years there have been many disputes and up rises because Indians have refused to give up or sell their lands. With an escalating white population, Native American communities have been disintegrated, killed in conflicts, or forced to move into Indian Territories. The year of 1828 would again demonstrate how white settlers would obtain Native American’s lands with the Cherokee Indian Removal. Known as the Trail of Tears, the Cherokees would start their tragic journey to Indian Territory in which thousands of Indians would die along the way and soon after their arrival due to illnesses or violent encounters. The Cherokee Indian Removal was not only cruel but injustice, the Cherokees shouldn’t have ceded their lands because before the removal they attempted to be “civilized” by the Americans giving up their cultural and religious beliefs and the federal government by treaty had to protect Indians from any state oppressions.
Missouri and Florida’s New Laws Constitutional? Missouri Law Review, Spring2012, Vol. 77 Issue 2, p567-589. 23p. Retrieved from http://web.b.ebscohost.com.southuniversity.libproxy.edmc.edu/ehost/pdfviewer/pdfviewer?sid=aef9f6f7-734d-4a6c-adae-2b97736ecc93%40sessionmgr111&vid=2&hid=127
Foner, Eric, and John A. Garraty. "Homestead Act." The Reader's Companion to American History. Dec. 1 1991: n.p. SIRS Issues Researcher. Web. 06 Feb. 2014.
The majority of my life thus far has taken place within the corporation limits of Lima, Ohio. Like any other community, Lima has its strong points and faults. Lima has a fascinating history which is a source of local pride. It is home to an oil refinery which was for decades the largest in the world as well The Lima Army Tank Plant, which is the only manufacturer of the M1 Abrams tank. Throughout the Cold War, Lima was ranked fifth in the nation for most likely to be attacked by the Soviet Union, because of those two features. As a major center for oil, banking and manufacturing, Lima once attracted thousands of new residents a year at its peak. At one time, Lima boasted two performance halls, an Opera house, several community theaters and countless movie houses. Large Mansions popped up along Market Street and on the West Side of town from the 1880's to the late 1920's. A perfect example of a Rust Belt city, Lima has been in a state of gradual but constant decline for decades. Most of the Wealthier citizens moved out to suburbs such as Shawnee, Bath and Elida. As a result, some areas of town have languished while others have expanded. Overall, the changes in Lima since the 1970's are typical of many other Rust belt cities.