POLS 253 Constitutional Law
Dr. Evan McKenzie Fall 2004
November 8, 2004 update
This is a research paper. Here is a detailed explanation of this assignment, along with some internet resources to get you started on your research in the simulation on Kelo v. City of New London, Connecticut. Here is the Docket for USSC Case 04-108. Your paper will be about ten pages in length and will have three clearly labeled main parts and some clearly labeled subparts. The paper must be typed, double-spaced, with numbered pages, and stapled. You must cite cases correctly using reporter’s citations.
· Part A will be headed Justice _____’s vote, and case outcomes. Here you will state the following: (1) prediction--the way you predict your justice will vote, and (2) the overall decision by the court. For example, if you are Justice Stevens: “Justice Stevens votes to affirm. Court votes 5-4 to affirm as follows: Affirm—Stevens, Souter, Ginsberg, Breyer, and Kennedy. Reverse—Rehnquist, Scalia, Thomas, O’Connor.”
Justice assignments are as follows:
o Rehnquist Joseph Sirbu
o Thomas Nicholas York
o Scalia William O’Connor
o Kennedy Umair Mamsa
o O’Connor Ovais Atcha
o Souter David Johnson
o Breyer Mara Neiman
o Ginsburg Robert Loncar Robert Bocksteigel
o Stevens Heather Hildeman Ronnie Kroell
· Part B will be headed Justice _______’s relevant background. Here you will summarize the results of your research into the (1) brief biography, especially matters relevant to this case, (2)judicial philosophy, and (3) previous relevant decisions of your justice.
·
Part C will be headed Explanation of outcome. Here you can organize it the way you like,
but you must do two things. Primarily
you need to explain why your justice will do what you claim and how they will
justify it in their opinion. That is,
what is it specifically about the justice’s past behavior (mainly their
previous decisions or judicial philosophy) that enables you to predict their
vote on this case, and what will be the justice’s legal argument or rationale,
citing cases and principles that you think he or she would apply? Secondarily, you should explain how you
think your justice will fit into the big picture. How will the case be decided, and who will be in each bloc? Feel free to expound on the cases and their
significance.
This case was taken up the United States Supreme Court on writ of certiorari to the Connecticut Supreme Court. The City of New London, Connecticut, exercised the power of eminent domain to take about 90 acres of property, including the land belonging to plaintiff Susette Kelo (and other property owners). The city’s purpose was to redevelop the area, which is being done by the New London Development Corporation, established in 1978. The city has delegated to NLDC the power to decide what property to take, either by voluntary sale, where the owner agrees to sell to the NLDC, or by eminent domain, where NLDC (using power delegated to it by the City of New London) condemns the property, pays the owner fair market value for it, and takes it from her. That’s what happened to Kelo’s land—she didn’t want to sell, so NLDC took it. Condemnation proceedings started in October 2000, and she challenged it in court in November 2000.
The issues include:
1. Is economic development a “public use”? The Fifth Amendment to the United States Constitution (made applicable to the states through the Due Process Clause of the Fourteenth Amendment) states, “…nor shall private property be taken for public use, without just compensation.” In this case, Kelo alleges that the property is not being taken for a public use. Why? Because the “public use” claimed by the City of New London is not a public improvement, such as a new highway, but economic improvement of the area, including creation of jobs and increased tax revenue. Is this a “public use”? If not, the City has no power to take the property at all, no matter what compensation they offer, unless the owner agrees to sell.
2. Is it constitutional for a municipality to delegate the power of eminent domain to a non-profit private development corporation?
3. Was there a denial of Equal Protection of the Laws under the Fourteenth Amendment in the decision of NLDC to take Kelo’s property but not the property of a private social club nearby?
You learn about your justice and you learn about the case. Then in a series of meetings we will talk through the way the justices will handle the case. That will lead up to a final meeting when we will actually deliberate to the point of voting. You will turn in a paper that summarizes your vote and the court’s decision. The actual vote in class can differ from what you have said in your paper.
This page has links that are designed to give you a big head start—that’s all. I’m not responsible for finding what you need or telling you what’s going on in the cases—you are. You should branch out and find your own materials on the internet, in libraries, and wherever else you can, and keep track of the progress of the cases.
Be careful not to commit plagiarism, which is the academic crime of using somebody else’s words or ideas without giving them credit for it. There’s a lot out there in writing about these cases. If you plagiarize, I will probably catch you. Professors now have ways of proving plagiarism very quickly and easily. You must also use proper citation formats in your paper, whether you use internet or print sources. To learn how to cite internet sources, refer to the Columbia Guide to Online Style. If you have questions about what plagiarism is, ask me.