The Constitution as Idea: Defining Describing Deciding in Kelo
Marc Lane Roark
The Savannah Law School; University of Missouri School of Law
August 1, 2006
California Western Law Review, Vol. 43, No. 363, 2006
In June 2005, the Supreme Court in a Five to Four Decision marked its most controversial decision in recent memory. The case of Kelo v. City of New London, set off a fire storm of response to the Court's ruling that economic development takings satisfied the Fifth Amendment. This essay is about how the Court uses words, how the defining ability of words create institutional space in which the Court operates, and which defines things beyond the words. The essay focuses on notions of Space and Place to define physical ideas and institutional ideas.
Number of Pages in PDF File: 25
Keywords: Kelo, Constitutional Law, Fifth Amendment, Emminent domain, space, place, o'connorworking papers series
Date posted: August 12, 2006 ; Last revised: April 29, 2013
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