Topic 2 Eminent Domain Worksheet
Instructions: Answer each of the questions below utilizing research in the Library and by analyzing various court cases. Be sure to cite and reference all of your sources. The word counts will be listed for each section.
Be sure to cite three to five relevant scholarly sources in support of your content. Use only sources found at the Library, government websites/legal case sites or those provided in Topic Materials.
This assignment uses a rubric. Please review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion.
Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success Center. An abstract is not required.
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- How does the language on eminent domain differ between the Fifth Amendment of the U.S. Constitution and Article 2, Section 17, of the Arizona Constitution? That is, which seems to be more general and which more narrow and defined? (150-200 words)
- Kelo v. New London (500-750 words):
- How did the U.S. Supreme Court get from “public use” in the Fifth Amendment to the standard of “public purpose” found in the decision Kelo v. City of New London (2005)?
- Why is the court’s slight change in meaning from public use to public purpose so important? To whom is the Court “deferring” in the Kelo case when it comes to “takings” for economic revitalization?
- What does Justice O’Connor think of this decision in her dissent of the Kelo case?
- Eminent Domain in Arizona (250-300 words):
Meanwhile, what is it about the Arizona Constitution that would make a decision like Kelo far less likely in the Grand Canyon state? How is this (eminent domain issue) explained in the Arizona case Bailey v. Mesa?
- Explain how the concept of federalism in the American system would allow for the differences between the two constitutions, and the results of both the Kelo and Bailey case. (150-200 words)
References
