Kelo then brought suit in state court claiming that the Government condemned their property in violation of the "public use" clause of the Fifth Amendment.
2. Regarding the U.S. Supreme Court's Decision:
a. What part of the U.S. Constitution is relevant according to the Supreme Court opinion? (The First Amendment free exercise clause for example.)
The Fifth Amendment Takings Clause, which states "nor shall private property be taken for public use, without just compensation." This case is particularly concerned with the "public use" part.
b. As the Supreme Court saw it, what was the specific constitutional question (or questions if there were more than one) before them? (Boil it down to one or two yes/no questions, put in your own words. For example, "does the criminalization of abortion violate the U.S. Constitution's 1st, 4th, 5th, and 9th Amendment guarantees?" For example.)
Whether the City of New London's taking of private property to sell to private interests as part of an economic development plan constitutes a "public use" within the...
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now