Due+Process+and+Property+Rights

=** Due Process in the 5th and 14th Amendments (include difference between procedural and substantive due process) **= = =
 * Procedural vs. Substantive **
 * ** Procedural has to do with the procedure of the trial, makes sure that trials are fair, laws are fair, etc. **
 * ** Substantive goes beyond just how a trial is conducted, allows the courts to limit the power of the Legislative and Executive branch if they deprive people of their rights **
 * ** Even if proceedings and laws are fair, the majority can not pass laws that would hurt the minority **
 * ** Prevents the other branches from passing laws or order that overstep their power **


 * 5th Amendment **
 * ** Integrated due process into the Bill of Rights which originated from English law and the Magna Carta **
 * ** Laws and legal proceedings must be fair to people **


 * 14th Amendment **
 * ** Prohibits states and local governments from depriving people of their life, liberty, or property without steps being taken to ensure fairness **
 * ** Applied the due process clause for the Federal Government in the 5th Amendment to States **


 * Property Rights: Eminent Domain **
 * ** The state can take people’s property as long as they are paid for it **
 * ** Doesn’t need an owner’s consent **
 * ** Land is for public use **
 * ** HIghways, public utilities, railroads, etc. **


 * Kelo v. New London **
 * ** New London used eminent domain to take private property to sell to private developers **
 * ** Private development would create jobs and increase tax revenues **
 * ** Kelo Susette and other property owners sued the city, saying New London violated the 5th Amendment’s taking clause, which stated that the government will not take private property for public use without proper compensation **
 * ** Argued that selling the land to private developers was not for public use **
 * ** Court ruled in favor of New London **
 * ** Selling the land to private developers was not intended to benefit a certain group of people **
 * ** Instead, it was part of an economic plan, the new businesses would create more jobs and help the economy **
 * ** Public use in the 5th Amendment does not have to be literal, economic development can be interpreted as public purpose **

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