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Summary: The Takings Clause

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The Takings Clause is an enumerated power designed to restrict Congress from seizing private property for public use, without just compensation. The farmers sought to protect private property, especially since many of the farmers owned a huge amount of property. The protection of property rights was implemented when drafting the Constitution, the founding fathers wanted to limit the Legislative Branch power to seizure private property. As the years race by, ideas and opinions change and shift into a different direction, in more recent times American citizen are more receptive to governmental help. The Takings Clause helps to aware citizens that sometimes government projects require the seizure of private property. A conservative Supreme Court …show more content…
Parker, was when Congress passed the District of Columbia Redevelopment Act in 1945. The purpose of the act was to identify and redevelop blighted areas of Washington, D.C. Congress had given the new agency the power of eminent domain. “Congress and the District of Columbia have the constitutional authority to eliminate slums and prevent slum-breeding conditions in the nation’s capital city. This is a public purpose”, (Epstein and Walker, 2014). This quote displays how the court ruled in favor of expanding Congress’ power to take private property because Congress was trying to provide a good for the public. Congress had reasoned that the capital city of the nation needed beautification which could serve as public good because citizens can benefit and thrive in area that was not a slum. This case was decided during the Post-New Deal court era, which the country lived under a cooperative federalism. Cooperative federalism is the idea that the national and state government work together to collectively resolve issues. In this case the Supreme Court has decided to allow Congress the ability to take private property because of the promise from Congress that the area would serve as a public good. The court was leaning more towards the liberal side, which is more likely to expand some of Congress’ power as long as Congress is following the laws and do not violate them. All over America poor neighborhoods in cities are targeted for beautification because by fixing slums areas the government is serving a public good. Which any citizen may have access to these areas but also it helps bring in more money into poor

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