Constitutional Law Application Assignment: Kelo v. City of New London

This Application Assignment is based upon the U.S. Supreme Court holding in Kelo v. City of New London, a case that examined the limits of the 5th Amendment’s Taking Clause. To thoroughly respond to the Application Assignment, you will need to read the Court’s majority opinion (linked as part of Assigned Reading,). After reading the case, you may proceed to answer the Application Assignment questions. Please remember that your responses will be graded for both accuracy and the thoroughness of your reasoning/explanation. READ PAGES 10-19 ONLY

Questions:
Question 1:
FACTS OF THE CASE: Use at least three paragraphs to describe the conduct/actions that led to this legal dispute. You should identify the parties on both side of the argument and explain each party’s position. Do not discuss the legal proceedings at the trial court of appeals court level. I am interested on in the original conduct that occurred in the City of New London, before a lawsuit was ever filed.

To receive full points, please provide at least THREE paragraphs of discussion and use proper grammar and punctuation

Question 2:
TAKINGS CLAUSE:
1. In your own words, explain the power granted to the federal/state governments by the 5th Amendment Takings Clause.
2. Although the 5th Amendment grants this power, it also imposes several limitations on using that power. The limitations are that the property can only be taken for _________________ use and just _____________________ must be paid. Complete this sentence.
3. According to court decision in Kelo, what is the difference between “public use” and “public purpose”? Does the Kelo ruling regarding seem to adopt a “public use” or a “public purpose” definition?

Question 3:
In Kelo, which party won at the Supreme Court level and why? Do you agree with the outcome of this case (why or why not)?

Question 4:
Judicial review means that the courts determine whether or not a law or government action is constitutional. Who/what created the power of judicial review? (HINT: see your textbook).

Question 5:
Define stare decises (HINT: see your textbook). List the names of TWO court cases referenced in the Kelo majority opinion that serve as an example of how the U.S. Supreme Court applied stare decises.

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