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You are encouraged to read the material in advance of the due date in order to think through the topic to further develop a coherent worldview and provide a thoughtful explanation of it in your thread and reply.
Read the Takings Clause in the Fifth Amendment in the Bill of Rights. Read the essay on property by James Madison. Read Chapters 36–40 of Understanding Property Law regarding governmental land use regulation.
1. Post the Discussion Thread that discusses the U.S. Constitution’s Takings Clause in the Fifth Amendment, Madison’s essay, and the biblical passage below.
2. State whether the Takings Clause expressly authorizes government to take or regulate the use of private property and whether it protects private property.
3. Explain whether in your opinion the U.S. Supreme Court decision in Kelo v. City of New London (discussed in the text) is consistent with (A) Madison’s view of property; and, (B) the biblical passage of 1 Samuel 8:4–22.
You must use current Bluebook citations to cite constitutional provisions, the paragraph number of Madison’s essay, and biblical passages. (Bluebook citations are to be inserted as footnotes and are not included in the word count.)
The United States Bill of Rights – https://www.archives.gov/founding-docs/bill-of-rights-transcript#toc-the-u-s-bill-of-rights
James Madison, Property – https://press-pubs.uchicago.edu/founders/documents/v1ch16s23.html
Note: This course focuses on real and personal property of “things,” not persons. Please, do not engage the topic of slaves as property, undoubtedly an important topic.
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