Kelo vs New London Case Discussion

The Federal and State Power of Eminent Domain –

Kelo v. New London “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Does a city violate the Fifth Amendment’s takings clause if the city takes private property and sells it for private development, with the hopes the development will help the city’s bad economy? No.

Questions: What is eminent domain?  Is it an appropriate power of the government? Read the Fifth Amendment again.  Do you think our founding fathers would approve of the Kelo decision?  Does it matter?  Does private economic development satisfy the “public use” requirement? Which political body decides what is “public use” and what is not?