In 1980, General Motors’ executives were faced with a dilemma regarding new plant construction in Detroit, Michigan. GM intended to close two of its aging facilities and rebuild new assembly plants at a different site location although still in the Detroit metro area. The only land site matching the construction specifications was a settlement called Poletown, Michigan. This township was home to more than 3,500 residents, all of whom would have to be relocated if construction were approved. The following is an analysis of this dilemma according to the four quadrants of The Executive’s Compass: Liberty, Equality, Community, and Efficiency. Liberty Liberty, as defined by J.S. Mill, “is that of pursing our own good in our own way, so long as we do not attempt to deprive others of theirs, or impede their efforts to obtain it” (p.38-39). GM, without careful decision, stands to violate political and economic liberties by exercising powers of eminent domain in the Poletown, Michigan case of 1980. Eminent domain, the power granted by the government allowing private property to be seized for public use, has been the source of political debate for centuries. Legal cases ruling on different sides of the issue date back more than 167 years. The most recent case to note is Kole v. The City of New London, which was just decided by the U.S. Supreme Court in June 2005. Although the court sided in favor of granting eminent domain, Justice O’Connor quoted the following in her dissent: “Law that takes property from A and gives it to B: It is against all reason and justice, for a people to entrust a Legislature with such powers.” The concept that governmental power should exceed that of the individual right is a cruel violation of political liberty. As stated in The Executive’s Compass, “it degrades the dignity of the individual to make him or her subservient to the will of the state” (p.39). If GM chooses to remove the approximate 3,500 occupants of Poletown from their homes, it would be a brutal infringement on the individual independence of those residents. Economic liberty is an ideal initiated in the late eighteenth century by philosopher Adam Smith (p.40). This domain of liberty pertains to the freedom of the marketplace. It was Smith who stated in The Wealth of Nations that “the consumer is king”, urging also “that government, interfering in the market by granting mercantilist monopolies, abetted this injustice” (p.
...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.
Foner, Eric. Give Me Liberty!: An American History. Fourth ed. Vol. 1. New York: W.W. Norton, 2012. 247-316. Print.
Friedman, L. S. (2010). What Is the State of Civil Liberties in the United States?. Civil liberties (pp. 11-49). Farmington Hills, MI: Greenhaven Press.
The concept of eminent domain is the condemnation of property for the public’s well being or good for private use is not the original intention and should not be used in this way. Private corporations and individuals are using the initial purpose was for the acquisition of land for the building of railroads and highways. The use of eminent domain has changed over the years by law, government and legal interpretations. These changes have allowed private interest groups to petition the state and local governments for eminent domain to be declared on property where the owners refuse to sell. Each states position on eminent domain is decided by the legislature and the voters of the state for use by private corporations and individuals. The claim by the corporations and individuals is that there projects is for the good of the public which plays of the condemnation of property and roads of being for the public’s well being. The use of eminent domain for the acquisition of land to build the Keystone Pipeline does not fall within the confines of for the public’s well being.
In Eric Foner’s book, The Story of American Freedom, he writes a historical monograph about how liberty came to be. In the book, his argument does not focus on one fixed definition of freedom like others are tempted to do. Unlike others, Foner describes liberty as an ever changing entity; its definition is fluid and does not change in a linear progress. While others portray liberty as a pre-determined concept and gradually getting better, Foner argues the very history of liberty is constantly reshaping the definition of liberty, itself. Essentially, the multiple and conflicting views on liberty has always been a “terrain of conflict” and has changed in time (Foner xv).
Eminent Domain is defined as “the power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property” (Farlex, par. 1). Eminent domain has a long and distinguished legal history, dating back to the Magna Carta. The term “eminent domain” was coined by Hugo Grotius (1583–1645), a Dutch jurist and philosophe, to describe the power of the state over natural property (Dalton, par. 3). This legal process has been used in many nations ostensibly for the “greater good.” Recently, Russia has come onto the world stage as abusing the power of eminent domain in preparation for the 2014 Olympic Games, as has Brazil in regards to the World Cup and upcoming 2016 Olympic Games. They, like many nations, have been accused of not giving just compensation for property taken. World-wide, eminent domain and it abuse of have been increasing as the world’s population and economy change. Author Tit Elingtin writes “The governments have taken advantage of that eminent domain ruling, and you, the media, have failed at protecting citizens” (Elingtin par. 13). This quotation reflects many people’s opinions today. Many believe that governments abuse the power they are given with eminent domain and call on the United Nations to remove the problem.
Foner, Eric. "Chapter 9." Give Me Liberty!: An American History. Brief Third ed. Vol. One. New York: W.W. Norton, 2012. N. pag. Print.
...to Article I, Section 19, in order to reduce future litigation issues and injustices regarding regulatory takings that have already manifested in various court rulings in the United States. This paper has exemplified such ambiguity and inconsistencies regarding application of legal precedent for unconstitutional takings. This amendment will ensure a level playing field between anti-developmental interest groups and private owners. In summary, the overall goal of this proposed change is that when private properties are given historical designation, the owner bears a burden that is akin to managing publically owned properties and so the owner should be compensated for such takings.
The concept of private property and the owner’s rights when concerning that property first arises in the 3rd amendment. The 3rd amendment places strict restrictions on quartering soldiers without the owner’s consent, and forbids the practice during times of peace. This amendment was in response to Britain’s Quartering Acts, passed during the Revolutionary War, which allowed British soldiers to be housed in private housing during the war. The 3rd amendment was drafted by James Madison, who continued to protect property rights in his writings that were intended to defend the constitution. In Federalist Paper No. 48, Madison writes that government is intended to protect property of every right, that a just government would impartially secure every person what is their own. Eminent domain is the right of a government or its agent to expropriate private property for public use, with the payment of just compensation. The issue of eminent domain is first discussed in the 5th amendment of the constitution.
Schultz, David, and John R. Vile. The Encyclopedia of Civil Liberties in America. 710-712. Gale Virtual Reference Library. Gale Virtual Reference Library, n.d. Web. 18 Mar. 2010. .
Foner, Eric. Give me liberty!: an American history. Seagull fourth ed. New York: W.W. Norton, 2014. Print.
In Smith’s The Wealth of Nations he defines liberty as freedom from constraint. From this he suggests to limit government involvement within the market. Instead, have the market determine the prices of goods and at what amount wages should be. Smith states, “To prohibit a great people, however, from making all that they can of every part of their own produce, or from employing their stock and industry
John Stuart Mill defines liberty, as a limitation of power; “By liberty, was meant protection against the tyranny of the political rulers. The rulers were conceived (except in some of the popular governments of Greece) as in a necessarily antagonistic position to the people whom they ruled.” (John Stuart Mill “On Liberty” Pg. 29) This limit on power is what he refers to as civil liberty; the limitation is put into play for the people, Mill acknowled...
Classical Economics is a theory that suggests by leaving the free market alone without human intervention; equilibrium will be obtained. This theory was the first school of thought for economists and one of the major theorists and founders of Classical Economics was Adam Smith. Smith stated, “By pursuing his own interest, he (man) frequently promotes that (good) of the society more effectually than when he really intends to promote it. I (Adam Smith) have never known much good done by those who affected to trade for the public good.”(Patil) Classical Economic theory assumes three basic ideas: Flexible Prices, Shay’s Law, and Savings-Investment equality. Flexible prices in Classical theory suggests prices will rise and fall as needed but is not always true, due to, the interference of government agencies including unions and laws. Smith stated in the Wealth of the Nation (1776), “Civil government, so far it is instituted for the security of property, is in reality instituted for the defense of the rich against the poor, or of those who have some property against those who have none at all.” (Patil) Shay’s Law implies supply creates its own demand and demand is not based on production or supply.
Smith's formulation transcends a purely descriptive account of the transformations that shook eighteenth-century Europe. A powerful normative theory about the emancipatory character of market systems lies at the heart of Wealth of Nations. These markets constitute "the system of natural liberty" because they shatter traditional hierarchies, exclusions, and privileges.2 Unlike mercantilism and other alternative mechanisms of economic coordination, markets are based on the spontaneous and free expression of individual preferences. Rather than change, even repress, human nature to accord with an abstract bundle of values, market economies accept the propensities of humankind and are attentive to their character. They recognize and value its inclinations; not only human reason but the full panoply of individual aspirations and needs.3 Thus, for Smith, markets give full expression to individual, economic liberty.