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The Constitution as Idea: Defining Describing Deciding in Kelo


Marc Lane Roark


The Savannah Law School

August 1, 2006

California Western Law Review, Vol. 43, No. 363, 2006

Abstract:     
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'connor

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Date posted: August 12, 2006 ; Last revised: April 29, 2013

Suggested Citation

Roark, Marc Lane, The Constitution as Idea: Defining Describing Deciding in Kelo (August 1, 2006). California Western Law Review, Vol. 43, No. 363, 2006. Available at SSRN: http://ssrn.com/abstract=923439 or http://dx.doi.org/10.2139/ssrn.923439

Contact Information

Marc L. Roark (Contact Author)
The Savannah Law School ( email )
516 Drayton Street
Savannah, GA 31401
United States
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