[PDF] Supreme Courts Kelo Decision And Potential Congressional Responses eBook

Author : United States. Congress
Publisher : Createspace Independent Publishing Platform
Page : 152 pages
File Size : 43,24 MB
Release : 2018-02
Category :
ISBN : 9781984933720

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Supreme Court's Kelo decision and potential Congressional responses : hearing before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Ninth Congress, first session, September 22, 2005.

Author : U.S. Government Printing Office (Gpo)
Publisher : BiblioGov
Page : 156 pages
File Size : 49,92 MB
Release : 2013-11
Category :
ISBN : 9781293256909

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The United States Government Printing Office (GPO) was created in June 1860, and is an agency of the U.S. federal government based in Washington D.C. The office prints documents produced by and for the federal government, including Congress, the Supreme Court, the Executive Office of the President and other executive departments, and independent agencies. A hearing is a meeting of the Senate, House, joint or certain Government committee that is open to the public so that they can listen in on the opinions of the legislation. Hearings can also be held to explore certain topics or a current issue. It typically takes between two months up to two years to be published. This is one of those hearings.

Author : Ilya Somin
Publisher : University of Chicago Press
Page : 377 pages
File Size : 19,6 MB
Release : 2016-11-29
Category : Law
ISBN : 022645682X

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In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.

Author : David Dana
Publisher :
Page : 0 pages
File Size : 34,3 MB
Release : 2002
Category : Eminent domain
ISBN : 9781587780783

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This law school study aid contains the history and cases related to the Takings Clause of the United States Constitution. The authors bring their long-time teaching experience to this important area.