polisci162ques3 - The main driving forced behind changing...

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This week in class, we examined Economic "Substantive Due Process" and the role of the Takings Clause. During Thursday's class, the role of Pres. Reagan's conservative movement in Lucas v. S.C. Coastal Commission was brought up, and Prof. Brigham mentioned how the government's role and stance towards property has been changing since the since the Europeans arrived on this continent. From the Europeans taking the land from the indigenous people, to the Puritans expelling those with the "wrong" idea of faith, to taking property in order to gentrify an area. What do you think is the main driving force behind the changing ideas in the Supreme Court regarding the relation between economic and property rights?
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Unformatted text preview: The main driving forced behind changing ideas in the Supreme Court regarding the relation between economic and property rights is the way the Justices define the taking clause. the last clause of the Fifth Amendment, limits the power of eminent domain by requiring that "just compensation" be paid if private property is taken for public use. The just compensation provision of the Fifth Amendment did not originally apply directly to the states. The federal courts, however, have shown much deference to the determinations of Congress, and even more so to the determinations of the state legislatures, of what constitute "public use". The term property is abstract and can be changed depending on the case....
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