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Pop quiz: where does the Constitution say govt has the power of eminent domain?
| Jared Baumeister | 09/11/26 |
| Student Poaster, Please Be Patient | 09/11/26 |
| Jared Baumeister | 09/11/26 |
| Student Poaster, Please Be Patient | 09/11/26 |
| Jared Baumeister | 09/11/26 |
| ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, | 09/11/26 |
Poast new message in this thread
Date: September 11th, 2026 6:39 PM Author: Jared Baumeister (http://www.autoadmit.com/thread.php?thread_id=5902859&forum_id=2],#50130635) |
Date: September 11th, 2026 6:42 PM Author: Student Poaster, Please Be Patient ...nor shall private property be taken for public use, without just compensation. (http://www.autoadmit.com/thread.php?thread_id=5902859&forum_id=2],#50130640) |
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Date: September 11th, 2026 6:43 PM Author: Jared Baumeister so the authors of the Fifth Amendment just assumed the Government had the power of eminent domain, even though it was never mentioned in the original unamended Constitution? (http://www.autoadmit.com/thread.php?thread_id=5902859&forum_id=2],#50130643) |
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Date: September 11th, 2026 6:50 PM Author: Student Poaster, Please Be Patient The authors proposed the amendment which was then ratified and became part of the constitution.
It would have been strange, yes quite strange indeed, for the authors to propose an amendment to give the government a power that was already mentioned in the constitution. |
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Date: September 11th, 2026 6:51 PM Author: Jared Baumeister the amendment doesn't give the government the power, it only restricts it. So why isn't the Power mentioned in Article I, Sec. 8? Why wasn't eminent domain already unconstitutional? (http://www.autoadmit.com/thread.php?thread_id=5902859&forum_id=2],#50130653) |
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Date: September 11th, 2026 7:12 PM Author: ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, "eminent domain" means something like "supreme lordship" and it referred to the notion that private property ownership is a conditional license from the Crown. later, as democracy developed, ownership was seen as conditional on the needs of the commonwealth.
that was particularly true in the Colonies because they all originated from express land grants from the Crown.
so it was a widely practiced concept and the 5th Am was an attempt to limit that power.
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The principle that the state necessarily owes compensation when it takes private property was not generally accepted in either colonial or revolutionary America. Uncompensated takings were frequent and found justification first in appeals to the crown and later in republicanism, the ideology of the Revolution. The post-independence movement for just compensation requirements at the state and national level was part of a broader ideological shift away from republicanism, which stressed the primacy of the common good, and toward liberalism. At the time the Bill of Rights was adopted, that shift had not been completed, but the trends of the revolutionary era received coherent expression in the thought of James Madison, the author of the Fifth Amendment's just compensation clause. Madison believed it necessary to erect strong safeguards for rights in general and for property rights in particular. His just compensation clause--although intended to have relatively narrow legal consequences--was such a safeguard. Its ratification represented the translation of liberal ideology into constitutional principle.
https://scholarship.law.georgetown.edu/facpub/1051/ |