The Eminent Domain Revolt: Changing Perceptions in a New Constitutional Epoch

By John Ryskamp | Go to book overview

CHAPTER 4. THE NEW BILL OF RIGHTS AS FACT

ON STOPPING THE THIRD EPOCH IN ITS TRACKS

It is a fair summary of history to say that the safeguards of liberty have
frequently been forged in controversies involving not very nice people.

—Felix Frankfurter, United States v. Rabinowitz 339 US 56, 59 (1950)

Without any formal or other recognition, the stage was now set for these developments: the reexamination of the nature of the Constitution; the emergence of a separate enforcement system; and the reexamination of facts under the New Bill of Rights. Many of the fact situations below involve the “development” process as it is currently practiced. How—if at all—does this process enforce/violate the New Bill of Rights?


THE REEXAMINATION OF THE NATURE OF THE CONSTITUTION

As the debate over eminent domain turned into a debate over the nature of the Constitution, the states and Congress produced mini-constitutional conventions in the form of legislative task forces or joint committees charged with looking into changing eminent domain; these committees looked to be long-term affairs as the range of debate widened. Post-Kelo, governmental bodies at all levels continuously revisited eminent domain. For example, the Connecticut committee simply

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