Case Study

Question 1
1. FACTS OF THE CASE. In your own words, describe the conduct/actions that led to this legal dispute. (what are the parties arguing about?) Do not discus the legal proceedings at the trial court or appeals court level. I am interested only in the original conduct that occurred in the City of New London, before a lawsuit was ever filed.

Question 2
1. TAKINGS CLAUSE. What power is granted to the federal/state governments by the 5th Amendment Takings Clause? Although the 5th Amendment grants this power, it also imposes several limitations on using that power. List the two limitations on exercising the 5th Amendment right related to property.

Question 3
1. HOLDING. In Kelo, which party won at the Supreme Court level, and why? Do you agree with the outcome of this case (why or why not)?

Question 4
1. JUDICIAL REVIEW. Judicial review means that the courts determine whether or not a law or lower court decision is constitutional. Who/what created the power of judicial review? (HINT: the answer can be found in Chapter 5).

Question 5
1. STARE DECISES. Define stare decises. (HINT: See Chapter 1). List the names of TWO court cases referenced in the Kelo majority opinion that serve as an example of how the U.S. Supreme Court applied stare decises.

Question 6
1. FEDERALISM. Black’s Law Dictionary defines federalism as “the relationship and distribution of power between the national and regional governments within a federal system of government.” The Kelo case provides several examples of federalism – balancing power between the federal and state levels of government. In your own words, explain how federalism is implicated in Kelo.

Case Study Question 1 1. FACTS OF THE CASE. In your own words...