Kelo And The Charge Of Judicial Activism

In Kelo v. city of New London the U.S. Supreme arrangement ruled (in a 5-4 opinion delivered by Justice Stevens) that the open-plan use requirement of the Takings Clause of the Fifth Amendment permitted the city of New London to enjoyment its eminent domain invest in taking property from homeowners and transferring it to, in part, another snobbish owner as part of an economic development plan. exclusively put, the city was not intending to open the condemned land for use by the general public, but a public purpose would be served by means of the benefits that the economic development plan would have on the community. In the case of Kelo, the SCOTUS are charged as progressive because the Courts rule seemed to embrace a broad concept of what constitutes a public use. According to Merriam-Websters Dictionary of Law, judicial activism is the absorb in the judiciary of protecting or expanding individual rights through decisions that depart from established precedent or are asexual of or in opposition to supposed constitutional or legislative intent. [2] Judicial activism is often referred to as sink from the bench for its potential effect of creating new law a function reserved to the legislative branch. However, it appears the SCOTUS followed precedent established in 1954 via Berman v.

Parker with regard to their interpretation of the public use requirement. Alexander Hamilton wrote in The Federalist: The interpretation of the laws is the proper and peculiar province of the courts. A constitution, is, in fact, and must be regarded by the judges, as a sound law. It ther efore belongs to them to ascertain its cont! ent, as well as the subject matter of any particular act proceeding from the legislative body. [4] So it would appear that the SCOTUS acted within the scope of its powers with regard to Kelo, even if the good example of that power resulted in a gross miscarriage of justness in the court of public opinion. Opponents of the courts view hold the...If you want to get a full essay, catch it on our website: OrderCustomPaper.com

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