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

By John Ryskamp | Go to book overview

CHAPTER 1. INDIVIDUAL RIGHTS BEFORE KELO V. NEW LONDON

THE THIRD CONSTITUTIONAL EPOCH AT ITS CLOSE

This section is part of the history of the revolt against the Kelo decision and part an exposition of the law involved in the case. Appearing here in somewhat revised form, it was published on the Social Science Research Network—a website for essays in various social science disciplines—shortly after the Supreme Court decided to hear the Kelo case in mid-2004. Along with many other comments, it predicted that the Kelo property owners would lose their case when the Court made its decision in June 2005. After you have read the later sections detailing the history of the revolt, consider whether the assumptions of this section were affirmed or contradicted by the revolt against the Kelo decision.


INTRODUCTION

What are the facts of the individual?

This question is at the heart of the dispute in Kelo v. City of New London, which was accepted for review by the Supreme Court. You would never know it by looking at the Question Presented to the Court: What protection does the Fifth Amendment’s public use requirement provide for individuals whose property is being condemned, not to eliminate slums or blight but for the sole purpose of “economic development” that will perhaps increase tax revenues10 and improve

10 We are just beginning to subject taxation to an ad hoc “facts of the individual” analy-
sis. See Robert W. McGee, “Taxation and Public Finance: A Philosophical and Ethical
Approach,” http://ssrn.com/abstract=461340.

-11-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
The Eminent Domain Revolt: Changing Perceptions in a New Constitutional Epoch
Table of contents

Table of contents

  • Title Page v
  • Glossary ix
  • Table of Contents xi
  • Foreword 1
  • The Eminent Domain Revolt 9
  • Chapter 1- Individual Rights before Kelo V. New London 11
  • Chapter 2- Kelo and Its Discontents 65
  • Chapter 3- The New Bill of Rights as Law 123
  • Chapter 4- The New Bill of Rights as Fact 167
  • Chapter 5- The Early Days of the New Bill of Rights 201
  • Conclusion 251
  • Bibliography 261
  • Index 265
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 270

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.