PS 12 — Week 8

Fifth Amendment

No person held to answer for a capital/infamous crime unless on presentment or indictment of a grand jury except in naval forces or in militia

Or double jeopardy

Private property should also not be taken for public use without just compensation

Fourteenth Amendment

All Americans are citizens of the U.S. and their specific state; no state should abridge the privileges/immunities of citizens

Nor should any state deprive people of life, liberty, or property, or deny anyone within jurisdiction equal protection of laws (ratified 1868, after Civil War)

Eminent Domain

Sovereign power to seize private property

In America, used for large projects like railroads in 196h cenutry and large projects as the TVA in the ‘30s → to build dams and other Tennessee River structures

Government can grant privilege of eminent domain to praivet companies, property may be seized for a number of reasons

Kelo

Kelo v. City of New London 2005

After Kelo, >40 state legislatures passed laws banning/restricting use of eminent domain for economic rejuvenation if homeowners would be displaced

Seven states amended constitutions to ban use of eminent domain for economic development

Land use regulations not “takings” like physical invasions/takeovers: they were exercise of traditional police powers of state to protect citizen health/safety/morals

Questions presented:

What protection does the Fifth Amendment's public use requirement provide for individuals whose property is being condemned, not to eliminate slums or blight, but for the sole purpose of "economic development" that will perhaps increase tax revenues and improve the local economy?

Mugler

Mugler v. Kansas (1887)

Kansas prohibition law was that kind of regulation, Mugler didn’t need to be compensated for loss of value in brewery he had constructed

Prior:

Defendant, Mugler, convicted for manufacture and sale of intoxicating liquors without a permit. Kansas Supreme Court affirmed conviction

Holding:

Regulation and prohibition of alcohol are constitutional exercises of state police power. Conviction affirmed

Penn Coal

Pennsylvania Coal v. Mahon (1922)

SCOTUS ruled 1921 Kohler Act’s restriction constituted a taking and was unconstitutional → Act’s restrictions on mining caused significant diminution in value, “if regulatino goes too far it will be recognized as a taking”

Penn Central

Penn Central v. City of New York (1978)

NYC Landmarks Law was upheld and City’s prohibition against use of “air rights” to buold 55-story office building was upheld: no set formula for when economic injuries caused by public policy should be compensated

Courts would, on a case-by-case basis

Lucas

Lucas v. SC Coastal Council, 1922

In the limit, regulations deprive owner of economic value, Court rules takings occurred, owner is due just/full compensation

South Carolina paid Lucas $1.675 million for two lots, purchaed for $975,000

Legal precedents provide very little guidance as to when regulations cross the line into a taking and when/to what extent owner is entitled to compensation

Property owners must xpect always a risk that federal/state/local governments will enact regulations that detract from property value

Federal/state/local governments also liable to enact reuglations that enhance value of property

Chinese property rights

Use rights, since govenrment owns urban land and village collectives own rural land

Archons

Principal magistrates of ancient Athens

Eponymos, Polemarch, Archon Basileus elected to 10-year periods and to 1-year terms

Areopagus was council made of former archons, mostly

Most of Athenian history, only nobles could be archons → Athens was dominated by small # of leading families from four major tribes

Citizenship was confined to adult males who completed military training and paid taxes, maybe ~30-50k out of 250-300k (10-20%) of people were citizens

Control of Ekklesia (assembly/called-out ones) agenda ested primarily in Boule, Ekklesia met 3-4 times a year then every month then up to 3-4/month

Featuring undue influence of money, demagoguery

Althing

Icelandic, began in 930

Annual assembly of all citizens presided over by Lawspeaker who stood at Law Rock to recite qall laws in effect

Main function is to select members to a smaller bdoy of representatives (Logertta) made of 39 members from the four districts of Iceland, four extra members, and the Lawspeaker

Lawspeaker chosen by Logretta, served 3-year term

Doge

697-1797: Venice fell to Napoleoon, Venetians selected Chief Magistrate to rule for life; positoin was very important, but over time became increasingly ceremonial

Elaborate procedure with election/lottery sequence used to select Doge; modern voting theorists admire the process

OMRLP

Lord Sutch of the Official Monster Raving Loony Party (OMRLP) got 235 votes in argaret. Thatcher’s Finchley constituency in ‘83, deposits were increased to five hundred pounds

Lord Sutch ran between 1962 and 1999

OMRLP persisted: David Cameron had more good-natured attitude

Suffrage history

Only in last few centuries has citizenship and suffrage been defined broadly

Rotten boroughs in pre-1832 Reform England had <10 voters

Old Sarum had 3 houses, 7 voters → sent 2 members to Parliament

18th century: pocket borough controlled by Pitt family and associates

Women’s suffrage came to Britain in 1918 (women over >30 with property qualifications) and then full/male-equivalent rights in 1928

• 19th Amendment ratified in 1920

States abandoned property requirements, then tax-paying requirements, and then voting was public and party tickets were provided to voters (violence at polls not uncommon)