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Reading Kelo v. New London Case Excerpts
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Can the United States Government take someone’s property and give it to a private developer to further economic development? In this episode of BRI’s Primary Source Close Reads, Joshua Schmid is joined by Dr. Josh Dunn as they discuss excerpts of the Kelo v. New London case pertaining to eminent domain. How does the Fifth Amendment protect private property? What precedent did the ruling of Kelo v. New London set for the future of cases regarding eminent domain?
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The Founders believed in property rights as the foundation of all other personal rights. James Madison wrote in Property (1792), “[A]s a man is said to have a right to his property, he may be equally said to have a property in his rights.” These resources will help students understand some of the rights that they perhaps take most for granted, but which form the foundation of so many other rights Americans enjoy and which are vital to liberty.
Spotlights safeguards to property in the Bill of Rights, explores various types of property, and examines the concepts of takings, just compensation, and eminent domain.
Case background and primary source documents concerning the Supreme Court case of Kelo v. New London. Dealing with eminent domain and whether the government can take private property and give it to a private developer, this lesson asks students to evaluate the Court's ruling in the case.
Under what circumstances can the government take your property? In 2005, the Supreme Court took on this question in the case of Kelo v. New London. The court argued about whether applying the 5th Amendment to the states using the Due Process Clause of the 14th Amendment was constitutional or unconstitutional. This process is referred to as incorporation. Our latest Homework Help video reviews the details of the case and encourages students to analyze the decision to form their own opinions.