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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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This note was uploaded on 11/08/2011 for the course POLISCI 162 taught by Professor Johnbrigham during the Fall '10 term at UMass (Amherst).
- Fall '10