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What was the main issue at stake in the case of Kelo v. City of New London?
Wiki User
∙ 7y ago
The right of the government to seize private property
Wiki User
∙ 7y ago
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How did the concept of eminent domain began to change in the 1950?
Eminent domain started being used to transfer property from one private owner to another since the Kelo v. City of New London case.
What is the current use of the constitution?
The U.S. Constitution and its Amendments outlined the basic principles of how the United States were to be governed. Although most people are familiar with the First Amendment (freedom of speech), the Second Amendment (The Right to Bear Arms), and the Fourth Amendment (restricting search and seizure), most of the Constitution deals with how the government is to be run.The Constitution is relevant today because not only does it provide the foundation on which the U.S. government is built, it provides certain individual freedoms essential to a healthy democracy. These freedoms are intact because any new laws passed by Congress must fit into the framework provided by the Constitution. Laws that are passed by the U.S. Congress and Senate that do not fit into the Constitutional framework may be deemed "unconstitutional" by the Supreme Court and rejected. That is what the Constitution is being used for now. Toilet paper in the restrooms of the US Supreme Court, Congress, and even the White House. It is a crying shame what we, the people, have allowed our government to get away with doing to the Constitution. It was meant to protect our rights. Now it protects nothing but the tender backsides of our politicians. The First Amendment provides for freedom of speech, such that one can criticize the government openly, as seen above. It is funny that you would use the First Amendment as "proof" that the Constitution still means something. Campaign Finance Reform is a clear violation of the First Amendment. Congress passed it. The President signed it. The Supreme Court didn't overturn it. All three defecated on the Constitution. The First Amendment is now null and void. The "toilet paper" statement is protected only because the government hasn't (yet) decided that it should be illegal. When they decide that, the Constitution will not stop them, just like it didn't stop Campaign Finance Reform. The Second Amendment is also null and void, because our right to bear arms is routinely infringed. An infringement is not an outright denial of a right - it is any limit, restriction, or qualification, however minor, placed on that right. The requirement to register a firearm is an infringement. Limits on the types of arms that we can bear (i.e., automatic rifles) are an infringement. Restrictions on where (gun-free zones) and how (concealed weapons) we can carry guns are an infringement. And, of course, some state and local governments do more than just "infringe" the right to bear arms. In Washington, DC and other cities, it is, for all practical purposes, illegal to own or carry a gun. How about the federal income tax? A special amendment (16th) was ratified to make it legal. The 16th Amendment says that Congress has the power to collect income tax. But Congress isn't collecting it. The IRS is collecting it, and the IRS is part of the Executive Branch. There is nothing in the Constitution that gives the Executive Branch any authority to collect income taxes. And there is nothing in the Constitution that gives any branch the power to transfer its authority to another branch - in fact, that would directly contradict one of the central themes of the Constitution, separation of powers. How about Imminent Domain? Kelo v City of New London? Now a local government can take property away from a private individual and give it to another private individual. As the dissenting opinion in the case said, now there is no effective "public use" limit at all on the power of a local government to take property away from private citizens. Not only did the Supreme Court defecate on the Constitution - the Congress did so as well when they neglected their constitutional duty to impeach and remove all 5 of the black-robed SOBs that voted in the majority in the Kelo decision. How about every single government hand-out program ever perpetrated (yes, I'm using that word correctly) by the federal government. Up until around 1900, our statesmen realized that this was unconstitutional. There is nothing in the Constitution that gives the government any authority to redistribute income. Welfare, food stamps, farm subsidies, social security, medicare, medicaid -- it's all unconstitutional. Yes, toilet paper. That is the current use of the Constitution. Because all three branches of the federal government, as well as most state and local governments, are defecating all over it and flushing it down the toilet.
What are the most famous Supreme Court cases?
U.S. Supreme Court rulings that have a significant impact on society are often referred to as "Landmark decisions" or "Landmark cases". The following list summarizes a few cases that had the most significant impact on history and society. You can access a longer list of cases via Related Questions, below.1803 Marbury v. MadisonUpheld the right of Marbury to occupy the position of justice of the peace of a certain district because the President (Madison) signed and sealed the appointment, despite Congress' attempt to block the appointment. This was the first time the Supreme Court formally defined its role as a court of review. They also admonished Congress for trying to legislate greater authority to the Court than the Constitution allowed.1819 McCullough v. MarylandUpheld the constitutionality of the Bank of the United States, based on the "spirit of the Constitution," rather than on a literal interpretation of the articles.1824 Gibbons v. OgdenInvalidated a monopoly enacted by New York state with regard to operating steamboats in state waters. Established the principle that Federal law supersedes state law.1832 Worcester v. GeorgiaDeclares a Georgia state law requiring residents of Cherokee territory to obtain a permit for living on the land because the demand conflicted with a federal treaty.1841 AmistadFreed Africans who had been enslaved in violation of Spanish law, and who had mutinied against the captain and crew of the Spanish ship, Amistad.1857 Dred Scott v. SandfordRuled neither slave nor free African-Americans were citizens of the United States, and were not entitled to sue in federal court. Also ruled that freemen traveling through slave-holding states had no right to freedom if captured. Also ruled the Missouri Compromise unconstitutional because it deprived people of property without due process.1866 Ex Parte MilliganDeclared military courts unconstitutional in areas where civil courts were in operation. Stated the U.S. Constitution applies regardless of peace or war.1873 Slaughterhouse CasesRuled that the 14th Amendment applied only to federal violations of individual rights, and that states were exempt. Also held that equal protection applied only to state laws discriminating against African-Americans.1875 Civil Rights CasesHeld that Congress had no right to impose laws requiring equal treatment for African-Americans on private businesses.1877 Munn v. IllinoisFirst of the "Granger Cases."Upheld states' rights to regulate businesses that involved the public interest.1886 Wabash, St. Louis & Pacific RR v. IllinoisStruck down a state law regulating transportation contracts because the federal government held sole jurisdiction over interstate commerce.1896 Plessy v. FergusonFamous decision that allowed "separate but equal" accommodations for African-Americans and Whites, on the grounds that segregation didn't deprive African-Americans of protection under the 14th Amendment.1905 Lochner v. New YorkStruck down a state law enforcing 10-hour workdays on bakery workers because it interfered with the employees' 14th Amendment right to liberty by denying employees the ability to negotiate employment contracts with their employer.1919 Schenck v. United StatesRuled that the WW I Espionage Act did not violate the First Amendment protection of free speech, stating that anti-war pamphlets encouraged resistance to the draft. This was the famous case that cited "clear and present danger" as a reasonable restriction on free speech.1925 Gitlow v. New YorkIn contrast to the Court's earlier rulings that the Constitution only applied to the federal government, decided the 14th Amendment made the First Amendment protection of speech and the press applicable to the states.1932 Powell v. AlabamaOverturned the Alabama state conviction of the "Scottsboro Boys," nine African-American boys convicted in the rape of two white women because the boys had been denied due process when the judge declined to provide them with a defense attorney.1935 Schechter v. United StatesStruck down the National Industrial Recovery Act because it delegated excessive authority of the U.S. President to regulate businesses not involved in interstate commerce.1937 West Coast Hotel v. ParrishIn support of Roosevelt's New Deal, the Court reversed its position Adkins v. Children's Hospital, and upheld a Washington State minimum wage law.1937 National Labor Relations Board v. Jones and Laughlin Steel Co.Upheld the National Labor Relations Act against a manufacturer that engaged in unfair labor practices by punishing or firing union members in an attempt to break the union.1943 Korematsu v. United StatesUpheld the U.S. policy of holding Japanese Americans in interment camps, except in the case where the person's loyalty had already been established.1952 Youngstown Sheet & Tube v. SawyerRuled that President Truman exceeded his authority by seizing steel manufacturers without the specific approval of Congress, in order to avert a strike by the United Steel Workers of America that would have disrupted arms production during the Korean War. (Also referred to as The Steel Seizure Case)1954 Brown v. Board of EducationRuled unanimously that segregation in the schools was unconstitutional, a move that overturned the 1896 Plessy v. Ferguson decision advocating "separate but equal" facilities for African-American and White citizens. Held that Brown experienced stigmatizing discrimination when denied enrollment in a school near her home.1961 Mapp v. OhioRuled that evidence obtained without a warrant or by any other unethical means was a 4th Amendment violation, and that the evidence may not be admitted in court.1962 Baker v. CarrThe court reversed its stance on cases involving "political questions," that cannot be tried in court, and decided citizens had a right to challenge political redistricting that overrepresented rural districts and diluted votes from urban districts.1962 Engel v. VitaleRuled prayer in public schools unconstitutional because it violated the separation of church and state.1963 School District of Abington Township v. SchemppProhibited bible reading and prayer in public schools.1963 Gideon v. WainwrightUnanimously ruled in favor of the plaintiff against the decision of the Florida Supreme Court, holding that the courts had violated Gideon's 6th Amendment right to counsel and 14th Amendment right to due process by refusing to appoint a defense attorney to Gideon, who was indigent.1964 New York Times v. SullivanIn one of the few Supreme Court cases involving civil liability, held that public figures could not sue for libel unless they could demonstrate the defamation was "malicious intent and with reckless disregard for the truth," a higher standard than imposed for ordinary citizens.1965 Griswold v. ConnecticutStruck down a Connecticut law prohibiting couples from using birth control because it violated the constitutional right to privacy. Although the Constitution does not specify a right to privacy, the court held that the right is implied in a variety of amendments.1966 Miranda v. ArizonaRuled that Miranda should have been advised of his constitutional rights against self-incrimination and right to consult with an attorney prior to questioning. Overturned the conviction and set precedent for the now-famous Miranda Warning.1967 Loving v. VirginiaInvalidated a Virginia law prohibiting interracial marriage as a violation of the 14th Amendment.1969 Tinker v. Des MoinesOverturned the suspension of students who had worn black arm bands in protest of the Vietnam War, declaring the school had violated their First Amendment right to freedom of speech.1971 New York Times v. United StatesDenied the government's request for prior restraint in their attempt to bar the New York Times from publishing a secret Pentagon history of the Vietnam war.1972 Furman v. GeorgiaStruck down death penalty laws because juries had excessive discretion in applying capital punishment, making capital punishment unconstitutional under the 8th and 14th Amendments.1973 Roe v. WadeInvalidated Texas law prohibiting abortion except when needed to save the mother's life. Ruled such laws violate a woman's right to privacy.1974 United States v. NixonThe Court ordered President Nixon to turn over subpoenaed tapes to the special prosecutor in charge of the Watergate hearings.1976 Gregg v. GeorgiaReinstated the death penalty, but required strict guidelines for its implementation.1989 Texas v. JohnsonInvalidated a Texas law that prohibited burning the flag on the grounds that it represented an unconstitutional restriction on expressive conduct and political commentary.1992 Planned Parenthood v. CaseyIn a challenge to Roe v. Wade, the court reaffirmed its position that abortion prior to the fetus being able to live outside the womb was not a criminal offense.2000 Bush v. GoreRuled in favor of the stay preventing Florida from counting legal ballots where the intent of the voter was considered unclear (e.g., hanging chads). Concluded that the recount would change the state voting process to favor one candidate over another and was, therefore, unconstitutional in that it failed to provide equal protection.2003 Lawrence v. TexasRuled the state could not interfere in private lives by making sexual acts between consenting adults a crime. Struck down the Texas statute as a violation of the 5th and 14th Amendments. This decision overruled the Courts own ruling on Bowers v. Hardwick, 1986.2003 Grutter v. BollingerHeld that race can be a consideration in deciding college enrollment, but that schools could not use a quota system in order to achieve a model that mirrored minorities' statistical representation in the population (University of Michigan Law School).2004 Hamdi v. RumsfeldRuled that persons retained as "enemy combatants" had a legal right to challenge their classification, despite a presidential order stating otherwise. Further ruled that Sixth Amendment protection did not extend to prisoners of war.2010 McDonald v. City of ChicagoHeld that US citizens had the right of self-defense (to bear arms) and incorporated the Second Amendment to the States. Similar to District of Columbia v. Heller, but applied to the states, not just the federal government as Heller did.
What was the main issue at stake in the case of Kelo v City of New London?
The right of the government to seize private property
Who was the Chief Justice for Kelo v. City of New London?
Kelo v. City of New London, 545 US 469 (2005)Kelo was decided on June 23, 2005, three months before Chief Justice William Rehnquist's death.
What case did Chief Justice Roberts preside over involving eminent domain?
Kelo v. City of New London, 545 US 469 (2005)
Kelo v. City of New Londonan?
Property rights
What are your Thoughts on Kelo v City of New London-Eminent DomainGive a brief description of the concept of eminent domain and then share your opinion as to whether you agree with the Court’s majority or dissenting opinion in the Kelo case and why?
in 2005, the United States Supreme Court decided the landmark case of Kelo v. New London. In a 5-4 decision delivered by Justice Stevens, the Supreme Court ruled that the government's seizure and transfer of private property to a private redevelopment company did not violate the 5th Amendment's taking clause
When was KELO - AM - created?
KELO - AM - was created in 1938.
How tall is Kelo Henderson?
Kelo Henderson is 6' 2".
When was KELO-TV created?
KELO-TV was created on 1953-05-19.
What constitutional principle was the issue in Delo V New London Connecticut?
The question misspells the Supreme Court case. It is "Kelo v. New London", and it was over the question of eminent domain. The city took a large section of the neighborhoods around Ft. Trumbull by eminent domain. Suzette Kelo, in "the little pink house", fought it all the way to the Supreme Court. Sadly, she lost. The case determined that merely collecting more revenue served a "public use" under the constitution. "Public Use" brings to mind roads, bridges, schools, etc., in most people's minds, but today's jurisprudence sometimes places the dictionary up for auction to the highest bidder. Bud, New London
What is the birth name of Kelo Henderson?
Kelo Henderson's birth name is Paul Henderson Jr..
When was Kelo Henderson born?
Kelo Henderson was born on August 8, 1923, in Pueblo, Colorado, USA.
How did the concept of eminent domain began to change in the 1950?
Eminent domain started being used to transfer property from one private owner to another since the Kelo v. City of New London case.
