If we say that every time potential is restricted in

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If we say that every time potential is restricted in land use it qualifies as a taking, the government would have to pay A LOT. The Supreme Court has to balance what is going on with the individual and with the general welfare. Things have been changing so there is no hard and fast rule. The whole issue of the takings clause is a very large issue before the courts. We don’t know what the general rule is -> case-by-case basis; we are coming up with different rules. The whole concept of eminent domain and taking is up for grabs. Anytime the government takes something of yours, could be land or could be something else, the government must compensate you. The compensation does not account for sentimental value; it only is fair market value. Lunar embassy –selling land on the Moon, Mars, Mercury. This is based upon an International Treaty – no single nation can claim an extraterrestrial territory as its own. But, it does not say that NO single person can do that. So this person claims that he owns the Moon. Constitution of the US
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Supremacy Clause – Constitution is the supreme law of the land. This was not the first Constitution. Articles of Confederation – states were too weak and centralized power was not existent. If we don’t have a strong central power, the states will become nations on to themselves -> that was the problem with the Articles of Confederation. When they formulated the Articles of Confederation, the Articles made a very weak central government: there was no way for the central govt to collect $$. If the national govt wanted to develop things like a navy, they had to go to the states to get $$. This meant that the federal govt did not have the authority to do anything – it was a failure. The Constitution is a document of delegated powers – states get together and delegate certain powers/authorities to the federal government. All other powers are for the states; so state powers are what they kept for themselves. Although the Constitution is specific, there are general statements that allow for movement -> Supreme Court has the power to interpret the Constitution. The Supreme Court decides what is federal/state responsibility.
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