Case of Kelo V. New London Essay

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Kelo vs. New London

There are two dissenting opinions written concerning the Kelo vs. New London case; one written by Justice O'Connor and the second one written by Justice Thomas. Each of these dissenting opinions offers a unique look at why the court should have found for Kelo instead of against Kelo. This case, like many cases, hinges on the interpretation of the Constitution. Interpreting the Constitution, for the most part, involves a comprehension and understanding of what exactly the Founding Fathers meant when they wrote the Document. In this case the comprehension and understanding concerns the use of the phrase "public use."

A 2005 law review article states "the confusion in the lower courts arises from takings that do not directly achieve the government's purpose -- takings that involve a separate, unregulated private party to whom the property flows" (Christensen, 2005, p. 1669). The real issue, according to Trent Christensen (author of the article), is that the courts interpreted the public use eminent domain clause as meaning public benefit, not public use. This is a huge change to previous courts and rulings.

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What the Supreme Court did in this case was opened the door to allow the government of any municipality, city, state or the nation to legally 'take' a private individual's property with no recourse if it can be justified by public benefit. This is wrong, and should be revisited. This paper agrees with Christensen when he states "the Supreme Court should revisit this precedent and apply a heightened scrutiny in order to ensure the protection and the security of property" (Christensen, p. 1712).

This paper is not the only entity that believes the Supreme Court decided incorrectly in the Kelo case.

Some state governments believe the exact same thing and have responded to Justice John Paul Stevens remarks that there is nothing keeping state legislatures from enacting their own interpretation of the eminent domain….....

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"Case Of Kelo V New London" (2014, February 19) Retrieved June 5, 2026, from
https://www.aceyourpaper.com/essays/case-kelo-new-london-183139

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"Case Of Kelo V New London" 19 February 2014. Web.5 June. 2026. <
https://www.aceyourpaper.com/essays/case-kelo-new-london-183139>

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"Case Of Kelo V New London", 19 February 2014, Accessed.5 June. 2026,
https://www.aceyourpaper.com/essays/case-kelo-new-london-183139
   

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