Tag Archives: fifth amendment

Knick v. Township of Scott, Pennsylvania: Renouncing “Treason to the Constitution”

It is most true that this Court will not take jurisdiction if it should not; but it is equally true that it must take jurisdiction if it should. The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the Constitution. We cannot pass it by because it is doubtful. […]

Eminent Domain: Finding Common Ground

Several environmental groups are teaming up with property rights advocates to file suit against the Federal Regulatory Commission (FERC), challenging the Commission’s use of eminent domain in siting pipelines. In October, Mountain Valley Pipeline filed a lawsuit in federal court against Virginia landowners to initiate the acquisition of easements via eminent domain authority through their […]

Forcing the Invisible Hand: The “Public Use” Conundrum– Part II

This essay is part II of a series authored by Tanya Abrahamian looking at the expansion of takings following the Supreme Court’s decision in Kelo v. New London. The essays support a reversion to a narrow conception of public use by describing the economic underpinnings of the authority and by countering what it deems to […]

Forcing the Invisible Hand: The “Public Use” Conundrum–Part I

The Supreme Court’s recent decision in Kelo v. City of New London sanctioned the use of eminent domain authority for private development. This decision was the culmination of a line of cases, each of which gradually eroded the public use constraint articulated in the Fifth Amendment. The first uses of eminent domain, at the time […]

Ad Fontes: The Week in SCOTUS, Part Deux

[Ad Fontes was an early Renaissance and Reformation credo. Literally meaning “to the fountains,” the phrase embodied these movements’ emphasis on studying the original, primary sources in religious, philosophical, and scientific pursuits. This same commitment animates our efforts to follow our state and federal judiciaries’ decisionmaking in key cases being decided therein, given how these opinions shape the legal environment in which we live and work. As such, this periodic series seeks to provide quick but insightful summaries of recently issued decisions by courts across the country, with brief commentary on the potential implications or consequences of the decisions. Enjoy!

–LDB Editors]