The Safeguard of Liberty and Property

The Supreme Court, Kelo v. New London, and the Takings Clause

By (author) Guy F. Burnett

Publication date:

11 December 2014

Length of book:

176 pages

Publisher

Lexington Books

ISBN-13: 9780739197837

In 2005, the Supreme Court ruled in Kelo v. New London that a city might take property from one private owner and transfer it to another for economic redevelopment. The ruling marked a new interpretation of the Fifth Amendment to the Constitution, and set a precedent which has raised significant questions regarding government takings and property rights. The ruling also reawakened a public interest in private property and created a vicious reaction among many citizens, journalists, academics, and legislators. This book is unique because it offers an in-depth analysis of the case law found in the opinions and decisions of the state and federal courts, but also uses a variety of other sources including the oral argument before the Supreme Court, the amicus curiae briefs, American political and legal history, as well as the personal stories of those involved in the case. This book also analyzes the public backlash from several different perspectives including opinion polls, media coverage, academic articles and commentary, subsequent case law, and legislative action. Finally, this book offers an insightful critique of the case, including what the Supreme Court got wrong, what it got right, and where the law and courts should go from here.

Chapter 1: Introduction
Chapter 2: The Facts of the Case and the Original Decisions
Chapter 3: The Object of Society: The Amicus Briefs and Oral Argument
Chapter 4: The Evolving Public Use Clause: The Majority Opinion
Chapter 5: At a Loss What Expedient to Substitute: The Concurring Opinion
Chapter 6: Merely Incidental Benefits: O’Connor’s Dissenting Opinion
Chapter 7: Something Has Gone Seriously Awry: Thomas’s Dissenting Opinion
Chapter 8: More Like a Living Nightmare Than a Dream: The Kelo Backlash
Chapter 9: Conclusion

This highly accessible volume about the US Supreme Court’s 2005 eminent domain decision in Kelo v. New London. . . .has succeeded in producing an academic treatment whose objectivity and focus on constitutional law and politics (as distinct from the public policy ramifications of the decision) set the book apart from others on the subject. In clear and well-organized prose, Burnett leads readers through the legal complexities of the case, addressing the origins of the lawsuit, the various stages of the Supreme Court litigation, and the multi-faceted 'backlash' to the decision. The Safeguard of Liberty and Property will be a valuable and well-received addition to reading lists of undergraduates interested in the Supreme Court, judicial decision making, and constitutional law. Summing Up: Highly recommended. General readers and undergraduate students.