Southern California Law Review, 80:6 (September 2007)

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1 Response

  1. Matthew Hartogh says:

    Posted by Matthew Hartogh

    Maastricht NL

    Professor Berman raises several important questions on this issue and provides a useful framework for analyzing these constitutional issues.

    The police power and eminent domain are two general spheres of public purpose. If these powers are delimited within their proper scope, the proper balance between individual sovereignty and state authority is accomplished. If these powers are overly constricted, disorder is the result. Conversely, if they expand beyond their bounds, the result is tyranny.

    Takings jurisprudence is an examination of these two powers in light of the due process clause of the 5th and 14th amendments.

    Matthew Hartogh