Seeking Economic Growth with Long Run Interest

Looking for Economic Growth with Long Run Interest Quest for monetary development For any nation, so as to create it is fundamental that it needs to deliver numerous merchandise and enterprises. Financial development is the fundamental objective that each nation is focusing on. In any case, the street for the development of financial aspects for any nation has its benefits and issues. This exposition will look at the points of interest and the drawbacks of seeking after the financial development over the long haul intrigue. So as to inspect to point, it is imperative to how to quantify financial development and why monetary development of a nation occurs. Financial development is estimated by the yearly rate pace of a country’s Gross Domestic Product (GDP), which is dictated by the market estimation of merchandise and ventures which are made by the economy during a specific timeframe. It is viewed as â€Å"the most principal marker of an economy’s health† (The gatekeeper, 2006)(1). For instance, United Kingdom, which is a created nation, has a GDP level of 2.472 trillion dollar by 2012 (Worldbank)(2). The primary explanation of monetary development is the predictable development of interest. This can be brought about by a huge development of cash use. This is in such a case that the legislature brought financing costs down to attempt to make individuals purchase more and spend less. Individuals will go out and acquire cash to purchase houses and vehicles, which they would typically not have the option to manage the cost of in light of the fact that their salary can't assist them with paying with ordinary premium. This outcomes in financial development. Be that as it may, this just can push nations to interest monetary development in the short run. So as to interest over the long haul, there are number of prerequisite that should be met. Initially, characteristic assets are significant, particularly land. In the event that a nation has numerous characteristic assets, this will give it a solid lift in the interest. Furthermore, in a world nothing is free; it is expected cash-flow to interest the development. Thirdly, the more noteworthy the degree of development, the more interest from the work. Government need to spend greater government consumption (charges) on instruction so as to help individuals to have more business aptitudes, which is fundamental over the long haul. Each issue consistently has two-side. Monetary development additionally has advantages and disadvantages. From one perspective, there are various points of interest for interest financial development. To start with, financial development causes the individuals to expand their salary. The more monetary development gets, the more popularity for work require creating more merchandise and ventures, which implies more openings for work. Financial development will make individuals need to devour more. On the off chance that the pace of populace development is littler than monetary development surpasses populace development, genuine pay per head will be expanded. This may result to a more elevated level of utilization of merchandise and ventures which is required to fulfill on the grounds that individuals presently have more cash to spend. Subsequently, better standards will start to show up. Associations will require greater interest so as to improve their profitability. Venture is require d to make upgrades and cause the old to vanish. The more economy develops the greater speculation it will draw in on the grounds that nation with high GDP rate carries more certainty to speculators. On account of the ascent popular, the degree of yield will be expanded. So as to meet the objectives, firms will require more work workforce. Along these lines, more individuals will be utilized so individuals .Consequently, individuals can bear the cost of more excellent products and administration to fulfill their requirements. Moreover, the degree of joblessness will decrease because of the higher result maker require more work powers. Besides, monetary development likewise improves better ways of life. With the expansion of utilization of merchandise and enterprises, society gets more cash to improve ways of life. Monetary development encourages government to separate salary from the rich to the poor without losing. The cash picked up from duties can be utilized to battle against des titution and improve administrations. Government can spend more cash on open administrations, for example, National Health Care (NHS), training and the environment†¦ With more cash which is spent on social insurance administration, this improves personal satisfaction through rewarding illnesses and future. With the expansion nature of social insurance, individuals can live more. Along these lines, it is conceivable to deliver more merchandise and enterprises. Instruction is the most pivotal determinant component of government assistance. The more cash is spent on training, the higher merchandise and ventures associations can produce because of further extent of workforce. Besides, instruction causes individuals to comprehend the significance of protecting nature. At the point when individuals got more extravagant, individuals can bear to deal with the earth. Individuals are increasingly worried about the earth where they are living. Consequently, new guidelines have been acquai nted by the administration with guarantee that individuals have a spotless domain (for instance, the Clean Air Act to keep the Great Smog in 1952 from happening once more). With the expansion of genuine GDP, individuals can utilize more asset to restrain the utilization of regular assets and advance sustainable assets. The administration can advance reusing through instruction. Be that as it may, economy development despite everything has drawback in spite of its points of interest. Then again, it can't be denied that there are various drawbacks on account of monetary development. Initially, the danger of high expansion consistently accompanies financial development. On the off chance that request is more than flexibly, this will make the cost set to increment. This happens to most creating nations with high populace level. India is a genuine guide to look at. India is one of nations which has high populace level and has a blasting economy. Be that as it may, with the appeal which is more than flexibly the cost has been risen. In this manner, produces with greater expense need to raise the cost of their merchandise and enterprises as well. It is said that â€Å"India has been battling to control what is Asias most noteworthy swelling level, which was running at about 10% last year† (bbc, 2014)(3). This make rupee which is cash of India loses its incentive by 14%. Two-third of the number of inhabitants in India just has two dollars to go through a day. Bec ause of the absence of pay, individuals in India need to expend less products and enterprises, which may lead the nearby down of manufacturing plants. This make the joblessness level go up altogether. This may prompts an expansion in wrongdoing However, in the event that the production lines are not shut, individuals will have work more hours to create more merchandise to arrive at the point that gracefully is equivalent to request. Therefore, this will make workers upset. So as to manage the ascent of swelling, the Indian government needs to build the loan cost (ft, 2014).(4) Therefore, the expansion will fall. This will helps the Indian government so as to bring down the interest, which will cause cost to go down. Besides, monetary development may cause joblessness. So as to deliver more merchandise and ventures, individuals are continually searching for better approaches to expand profitability. This causes the economy to turn out to be increasingly mechanical. Along these lines, regardless of how ability representatives are or have numerous long stretches of test, they will consistently get out of date. Likewise, with advancement of innovation machines presently can produce more than human, which is diminished expense over the long haul. Thusly, old outdated employment will be supplanted by new position. This may bring about high joblessness rate. Thirdly, financial development may cause the hole between the rich and the poor to get more extensive. Individuals who have elevated level of aptitudes will search for work which pay them most so as to be fulfilled. In this way, individuals consistently will in general go to created nation so they have can have the activity they need. For instance, individuals who have significant level of investigation won't remain at Greece which is in emergency and search for openings for work. They will go to other created nations, for example, United Kingdom, Germany, or Spain so as to land the position which they need. Subs equently, created nations consistently have more and preferable staff over creating nations. Thus, created nations will consistently deliver more products and enterprises. This causes the hole between them to get more extensive. At last, financial development consistently brings about contamination. With the interest to deliver progressively regular assets will be compelled to be run out. The asset of the world is restricted. For instance, trees will be chopped down additional so as to assemble more industrial facilities to produce, which prompts deforestation. In this way, the degree of CO2 which is discharged into the climate will increment essentially. It can't be denied the an Earth-wide temperature boost has gotten one of the most genuine ecological issues that we need to manage. Due to the ascent of temperature, the Arctic ice has softened. Therefore, this dangers not exclusively to coral reefs worldwide yet additionally to land assets, which implies we will have less land to utilize. So as to interest financial development, both created and creating have just harmed the earth. A large portion of the creating nations used to have issues with air contamination. For instance, in 1952, England had endured air contamination. The exhaust cloud had murdered numerous individuals. To keep this fiasco from happening again later on, the Clean Air Acts of 1956 and 1968. It is said that â€Å"these demonstrations prohibited emanations of dark smoke and proclaimed inhabitants of urban zones and administrators of production lines must change over to smokeless fuels† (metoffice).(5)For creating nations, water contamination is the primary issue. Numerous production lines chose to lessen their expense by emptying modern waste into the stream. For instance, in 2008, the power had found that Vedan Vietnam which is an organization produce monosodium glutamate (MSG) had been unlawfully discharged wastewater in Thi Vai River for a long time, which killed the river†™s framework. This outcomes not just in the passing of thousands shrimps and fish of ranchers however it likewise destroyed farmland nearby of the stream. Besides, it influenced the wellbeing the ranchers who live close to stream.(

A Dirty Job Chapter 23

23 A FUCKED-UP DAY It was a messed up day in the City by the Bay. From the start light, herds of vultures roosted on the superstructures of the Golden Gate and Bay Bridges, and glared down at workers as though they had a great deal of goddamn nerve to even now be alive and driving. Traffic copters that were redirected to photo the positions of flesh winged creatures wound up covering a winding haze of bats that circumnavigated the Transamerica pyramid for ten minutes, at that point appeared to vanish into a dark fog that glided out over the Bay. Three swimmers who had been contending in the San Francisco Triathlon suffocated in the Bay, and a helicopter camera shot something under the water, a dull shape moving toward one of the swimmers from beneath and hauling him under. Various replays of the tape uncovered that as opposed to the smooth state of a shark, the animal had a wide wingspan and an unmistakably horned head, not at all like any beam or skate that anybody had ever observed previously. The du cks in Golden Gate Park abruptly took to the wing and left the territory, the many ocean lions that regularly relaxed in the sun down at Pier 39 were gone also, and even the pigeons appeared to have vanished from the City. A snort journalist who had been covering the overnight police blotting surface saw the fortuitous event of seven reports of brutality or missing people at neighborhood stores, and by early night the TV channels were referencing it, alongside fabulous film of the Book them Danno building consuming in the Mission. What's more, there were many particular occasions experienced by people: animals moving in the shadows, voices and shouts from the sewer grates, milk souring, felines scratching proprietors, hounds crying, and a thousand people woke up to find that they no longer thought about the flavor of chocolate. It was a messed up day. Charlie spent the remainder of the late evening worrying and checking locks, at that point twofold checking them, at that point looking on the Internet for hints about the Underworlders, just on the off chance that somebody posted a shiny new old record since he'd last checked. He composed a will, and a few letters, which he strolled outside and put in the post box out on the road as opposed to with the active mail on the counter of the store. At that point, around sunrise, totally depleted at this point with his Beta Male creative mind hustling at a thousand miles 60 minutes, he took two of the resting pills Jane had given him and dozed through the messed up day, to be stirred in early night by a call from his sweetheart little girl. â€Å"Hello.† â€Å"Aunt Cassie is an enemy of Semite,† said Sophie. â€Å"Honey, it's six toward the beginning of the day. Would we be able to talk about Aunt Cassie's legislative issues a little later?† â€Å"It isn't, it's six around evening time. It's shower time, and Aunt Cassie won't let me bring Alvin and Mohammed into the restroom with me for my shower, since she's an enemy of Semite.† Charlie checked the time. He was kind of happy that it was six at night and he was conversing with his little girl. Whatever occurred while he was resting at any rate hadn't influenced that. â€Å"Cassie isn't an enemy of Semite.† It was Jane on the other line. â€Å"Is too,† said Sophie. â€Å"Be cautious, Daddy, Aunt Jane is an enemy of Semite sympathizer.† â€Å"I am not,† Jane said. â€Å"Listen to how keen my little girl is,† said Charlie. â€Å"I didn't realize words like enemy of Semite and supporter when I was her age, did you?† â€Å"You can't trust the goyim, Daddy,† said Sophie. She brought down her voice to a murmur. â€Å"They abhor showers, the goyim.† â€Å"Daddy's a goyim, as well, baby.† â€Å"Oh my God, they're all over the place, similar to unit people!† He heard his little girl drop the telephone, shout, and afterward an entryway hammered. â€Å"Sophie, you open this entryway this instant,† Cassie said out of sight. Jane stated, â€Å"Charlie, where does she get this stuff? Are you showing her this?† â€Å"It's Mrs. Korjev †she's dropped from Cossacks and she has a little lingering blame for what her precursors did to the Jews.† â€Å"Oh,† Jane stated, not intrigued since she was unable to fault Charlie. â€Å"Well, you shouldn't give the canines access the restroom with her. They eat the cleanser and at times they get in the tub, and afterward †â€Å" â€Å"Let them go with her, Jane,† Charlie intruded. â€Å"They might be the main thing that can ensure her.† â€Å"Okay, yet I'm just letting them eat the modest cleansers. No French-processed soaps.† â€Å"They're fine with residential cleanser, Jane. See, I drew up a holographic will the previous evening. On the off chance that something transpires, I need you to raise Sophie. It's in there.† Jane didn't reply. He could hear her breathing on the opposite end. â€Å"Jane?† â€Å"Sure, sure. Obviously. What the heck is going on with you folks? What's the huge threat Sophie's in? For what reason would you say you are being creepy like this? What's more, for what reason didn't you call prior, you fucker?† â€Å"I was up the entire evening doing stuff. At that point I took two of those resting pills you gave me. Abruptly twelve hours are gone.† â€Å"You took two? Never take two.† â€Å"Yeah, thanks,† Charlie said. â€Å"Anyway, I'm certain I'll be alright, however in the event that for reasons unknown I'm not, you have to remove Sophie and get from the City for some time. I mean like up in the Sierras. I additionally sent you a letter clarifying everything, as much as I probably am aware, in any case. Possibly open it if something occurs, okay?† â€Å"Nothing better occur, you fuck. I simply lost Mom, and I †why the hellfire would you say you are talking this way, Charlie? What sort of difficulty are you in?† â€Å"I can't let you know, Jane. You need to confide in me that I didn't have any decision in the matter.† â€Å"How can I help?† â€Å"By doing precisely what you're doing, dealing with Sophie, keeping her safe, and keeping the hellhounds with her at all times.† â€Å"Okay, yet nothing better transpire. Cassie and I will get hitched and I need you to part with me. What's more, I need to acquire your tux, as well. It's Armani, right?† â€Å"No, Jane.† â€Å"You won't give me away?† â€Å"No, no, it isn't so much that, I'd pay her to take you, it's not that.† â€Å"Then you don't imagine that gay individuals ought to be permitted to get hitched, is that it? You're at long last telling the truth. I knew it, after all †â€Å" â€Å"I simply don't feel that gay individuals ought to be permitted to get hitched wearing my tux.† â€Å"Oh,† Jane said. â€Å"You'll wear my Armani tux and I'll need to lease some bit of poo or purchase something new and modest, and afterward I'll experience time everlasting seeming as though an all out goof ball in the wedding pictures. I know how you folks like to show wedding pictures †it resembles a disease.† â€Å"By ‘you folks,' you mean lesbians?† Jane stated, sounding particularly like an indicting lawyer. â€Å"Yes, I mean lesbians, dumbfuck,† said Charlie, sounding particularly like a threatening observer. â€Å"Oh, okay,† Jane said. â€Å"It is my wedding, I surmise I can purchase a tux.† â€Å"That would be nice,† Charlie said. â€Å"I'm kind of requiring the jeans cut somewhat looser in the seat nowadays anyway,† Jane said. â€Å"Thatta girl.† â€Å"So you'll be protected and give me away.† â€Å"I'll sure attempt. You figure Cassandra will let me bring the little Jewish kid?† Jane chuckled. â€Å"Call me each hour,† she said. â€Å"I won't do that.† â€Å"Okay, when you can.† â€Å"Yeah,† Charlie said. â€Å"Bye.† He grinned to himself and turned up, thinking about whether this may be the last time he could ever do that. Grin. Charlie showered, ate a nutty spread and-jam sandwich, and put on a thousand-dollar suit for which he had paid forty bucks. He limped around the room for a couple of moments and concluded that his leg felt truly great and he could manage without the froth strolling cast, so he left it on the floor by the bed. He put on a pot of espresso and called Inspector Rivera. â€Å"It was a messed up day,† Rivera said. â€Å"Charlie, you have to remove your little girl and get from town.† â€Å"I can't do that. This is about me. You'll keep me educated, right?† â€Å"Promise you won't attempt to do anything inept or heroic?† â€Å"Not in my DNA, Inspector. I'll call you on the off chance that I see anything.† Charlie separated, having no clue about what he would do, yet feeling like he needed to accomplish something. He called Jane's home to express great night to Sophie. â€Å"I simply need you to realize that I love you without a doubt, honey.† â€Å"Me, as well, Daddy. For what reason did you call?† â€Å"What, you have a gathering or something?† â€Å"We're having ice cream.† â€Å"That's pleasant. See, Sophie, Daddy needs to go do a few things, so I need you to remain with Aunt Jane for a couple of days, okay?† â€Å"Okay. Do you need some assistance? I'm free.† â€Å"No, nectar, yet thank you.† â€Å"Okay, Daddy. Alvin is taking a gander at my frozen yogurt. He looks ravenous, similar to tolerate. I need to go.† â€Å"Love you, honey.† â€Å"Love you, Daddy.† â€Å"Apologize to Aunt Cassie for calling her an enemy of Semite.† â€Å"‘Kay.† Click. She hung up on him. The his indisputable favorite, the best part of him, his unparalleled delight, hung up on him. He murmured, however felt much improved. Deplorability is the regular natural surroundings of the Beta Male. Charlie took a couple of moments in the kitchen to hone the edge of the blade stick on the rear of the electric can opener he and Rachel had gotten as a wedding present, at that point he took off to beware of the store. When he made the way for the back flight of stairs Charlie heard odd creature commotions originating from the store. It seemed as though they were returning from the room, and there were no lights on, despite the fact that he could see a lot of light separating in from the store. Was this it? So

Re-Addressing Identity free essay sample

In her article, Are We Worried About Storms Identity or Our own? Patricia J. Williams poses the philosophical inquiry, Are we stressed over Storms personality or our own? Her contention suggests that we stress over our own way of life as she depicts her expository procedure, an individual portrayal from which she determines her diagnostic considerations, just as a similarity. Williams composing musings are viably communicated in her paper and thusly, the philosophical inquiry, would we say we are stressed over Storms personality or our own? At her presentation, Williams begins with a short close to home account: When my child was 2 years of age, he went to a nursery school where he regularly played with a happy young lady Ill call Jessie. Williams builds up herself as a mother off the beginning and as a maternal figure, she forces the peruser to settle down and tune in to what she needs to state as she has set up her believability. As Williams proceeds with her account, she outlines an adorable story of her male youngster and his companion whom she calls Jessie, and finishes up her tale with the nursery teacher recognizing her kid after a security watchman and Jessie after a smaller than usual entertainer with the mostest! In contrast with the primary subject and Williams story, Williams prepares with a progress into the subject of allotting sexual orientation jobs. After the story, Williams makes a moment move from an informal maternal figure to an author of liberal points of view in culture and legislative issues. Engaging expressions, for example, grinned heartily and gosh-darned lovable transform into, focal point of a global debate and an undeniable promise to deep rooted sex concealment or fixed personality. Having composed with these scholarly word bombs grant validity to Williams by and by and with refined lingual authority, her wording makes the peruser think all the more instinctively all through her article. Alongside the move in her expressive writing, Williams shifts into her point and presents the tale of Storm. Tempest, the multi month old infant whose guardians have chosen not to share their childs sex, and regularly alluded to as the genderless infant, has had a staggering negative reaction by the general population. Williams, making long story short, drives straight into the open reaction and gives instances of regular words individuals have used to censure the story as frightening and abnormal. (pg. 546) As Williams extends the sentiments of the open reaction, she holds from uncovering her emotions regarding the current matter. Furthermore, Williams makes reference to, I will leave to emotional wellness specialists the respectability of Storms guardians position. (pg. 546) Far from being investigated, the creator expresses her high quality front basically as far as not decreasing her believability before she gets the opportunity to voice her musings. Now, Williams plants the seed of uncertainty in opposition to what the peruser might be thinking as the peruser may even now be in amazement by the activities of Storms guardians. Utilizing an anaphora and populist philosophies, were all simply individuals, were all simply equivalent, were all American residents, and moreover with patriotism standards, it doesnt matter what your religion is and I dont see race, Williams gives the peruser understanding concerning what the guardians of Storm contend. As composed by Williams, Yet when some gutsy soul really follows character eradicating adages to their coherent, awkward endsâ€refusing inside and out to participate in the shows of gendered society, similarly as with infant Stormâ€it is significantly agitating with an alarming perspective, this statement successfully sets up a ground for a contention out and out with a definitive tone. A move is made in the range of the crowd since the creator has made her position understood. Williams, rather than alluding to herself, presently addresses an aggregate crowd including herself as her old expressions change from, I will leave to mental, while it appears to me, and when I read about tempest to we need our crates, what we are truly looking for and our uneasiness accordingly. Williams builds up an association with the peruser now like never before as she alludes to human feelings and basic encounters. Acculturating her the contentions more, Williams successfully gains the perusers claim to compassion. Sexual orientation task as Williams portrays, drove her child and his companion Jessies educator to depict them in such unknowingly unmistakable manners. (pg. 547) Williams portrays that as we pose the inquiry, is it a kid or a young lady? (pg. 547) we look to allocate the kid to a particular sexual orientation since we have to do as such as to arrange our reality. Williams deliver key proof in our own language to help her case as she expresses that, In English, there is no widespread pronoun, no broad reference to normal humankind; so as to talk serenely, we consequently should respect segments of him, of her, of sex. (pg. 548) She further on states that, without pronouns, address essentially gets explicit, individual, even close. (pg. 548) Williams, by utilizing a conventional meaning of the widespread pronoun, implements her rationale and thinking in this way boosting her validity too. Williams is extremely clear, brief and by the book presenting her defense adequately. Towards the finish of her article, Williams develops with philosophical inquiries, for example, what uncertainties? What might it mean on the off chance that we had to hold in suspension that foundering misfortune we believe we experienced the restrictions of the known? ; What on the off chance that we needed to welcome each other.. what's more, the security watch in the entertainer were made show? (pg. 548)Williams at that point convinces the peruser to intervene over the idea of a character and its misfortune. Williams closes her paper with an intelligent inclination leaving the peruser to reclassify their musings in general. When introduced by such embarrassment like that of Storms personality, individuals will in general inquiry the judiciousness of the guardians, however then again, Patricia J. Williams appears to do the specific inverse. Appeared in her exposition, Williams contention infers that we stress over our own character and at how we decide request and through her scientific procedure, an individual portrayal from which she infers her systematic musings, and a relationship, Williams successfully makes her considerations communicated in this article, as we do of our own.

Reforms in the Criminal Justice System - Free Essay Example

There have been rising concerns on the criminal justice system that has seen the system require different changes to accomplish the mission of the system. The main reason for presenting this topic on the criminal justice system is because it has experienced various challenges and requires some reforms. Therefore, presenting such information will be in need to understand the changes that should be initiated for the system to be streamlined. The data was collected from the different areas that make up the criminal justice system. The system is comprised of three areas that are law enforcers, the court system and correctional facilities. Therefore, in understanding the three different areas an individual will be able to come up with a concrete representation of each and how they can be used to help each to curb the issue of rising crimes across the globe (Thomas McGourlay, 2017). The primary goal of presenting information on this topic is to help people understand the importance of integrating the three elements of the criminal justice system. The selection of the data visualization was based on the source of the data and the methods that were used to collect the data. The fairness of data visualization was ensured through taking multiple sources and analyzing them to understand the issue better. It can also be achieved by identifying the data that fits in the topic instead of getting bulk data and trying to filter them out them out for the best. Therefore, it is the responsibility of the various departments to ensure that they pass information to the relevant department for the success of the whole system (Vincelette Bostic, 2013). In writing this topic, I intended to ensure that all the system work closely together and that they understand the importance of each other. Therefore, it is my call to the instructor that he will find the importance of presenting information about the criminal justice system and find it possible to guide along writing the whole topic. I request the instructor to give the essential aspects that might be missed out in the presentation and how a good compilation can be achieved. The challenges that are faced in the criminal justice system are as a result of the failure of communication within the three elements. There has also an increased trend in corruption involving the various components of the system and which has led to an inability to accomplish their mission. The law enforcers are regarded as the first-hand information source, and if they fail to present such information to the court system, then the crimes are expected to rise since criminals will not be sentenced or taken to correctional facilities (Vincelette Bostic, 2013). The criminal justice system The data for the reliable information on the criminal justice system should be obtained from the three components presented above. The police should provide information on the incidences that they handle that are crime related and how many proceed to the final stage. The courts should provide information on the number of cases they receive from the police and the way they deal with such information (Thomas McGourlay, 2017). The court should comment on how effective the information is presented to them by the police and how the police can become more useful in making the system successful. The correctional facilities should also offer services that will make the criminals more useful in the society.

Eminent Domain Government

Sample details Pages: 34 Words: 10349 Downloads: 8 Date added: 2017/06/26 Category Statistics Essay Did you like this example? An Assessment Eminent Domain and an Analysis of Broad Interpretations vs. Literal Interpretations Department of History, Humanities, Government For many years the judiciary system has become a medium for the making of policy. Major court cases have dictated the outcome of many issues that have been brought before the court. Don’t waste time! Our writers will create an original "Eminent Domain Government | Politics Dissertations" essay for you Create order Eminent domain and the right to privacy are not two subjects easily combined, but will be used in this thesis to discuss the matter of constitutional concepts that exist in a variable state. In observance, how the founding fathers may have interpreted the definition of eminent domain and the right to privacy may or may not necessarily be interpreted the same way by the Courts. If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. -James Madison, The Federalist Papers No. 51 Introduction It has been the challenge of all just and fair governments to create a system capable of both governing the masses for the purpose of maintaining order and finding the necessary boundaries needed to keep those entrusted with power from abusing their position and authority. The founding fathers of the Constitution of the United States of America spent one-hundred and sixteen days (Bernstein, 2004) attempting to build a system of checks and balances to ensure the protection of the governed from the government. Furthermore, the system was also built to allow those entrusted with power to have the authority to perform actions their wisdom judges as productive and fruitful to the community at large. The founding fathers, being both men and mortal, were not capable of seeing the vast, complex organism the society they were creating would someday become. They did not have the foresight to conceive a world capable of weapons of mass destruction, scientific endeavors of unlimited proportions, or all the possible future ethical states the American people could exist in. Nevertheless, the standards the Constitution holds and the values it possesses are capable of being interpreted within the current way of life. One of the Founding Fathers concepts that is being evaluated in twenty-first century terms is the constitutional component of eminent domain and the interpretation of it constitutional foundation. Thesis Statement This thesis is an examination of eminent domain as pertaining to the Founding Fathers understanding in the terms of current and contemporary perspectives. More specifically, this examination will be on the concept of eminent domain, which is the inherent power of the state to seize private property, and the current conflict of narrow vs. broad interpretations. This topic was chosen due to the fluctuating nature of the subject and the divide among current leaders in the interpretation on the matter. The examination will include a look at the court case decisions, Supreme Court Justices opinions, and an assessment of what the Framers of the United States Constitution had to say about the subject and what was its original intention. The examination will also observe which state eminent domain currently exist in; a trend towards narrow or broad interpretation. The method that will be used to explore eminent domain will be an objective assessment of current opinions on the matter from Supreme Court justices, experts of the topic, and literature reviews. This thesis is not a subjective opinion on eminent domain, but is a collection of evidence that evaluates the opinions and decisions of modern leaders. However, evidence does show that there is a trend towards a broad interpretation of eminent domain and the suggestion that eminent domain is being use to support large corporations and specific individuals for various financial reasons. The evidence does not invalidate the importance of eminent domain and its position in American society, but supports the argument for reevaluation of the issue for improved clarity and understanding. Purpose of Paper The purpose of the paper is to show the present development of the use of eminent domain and its main interpretations in the context of various situations and time periods. Its purpose includes the necessity to clarify terms that surround the eminent domain topic, such as taking clause or public use. A subsequent section will expand more on the definitions of terms and phrases. The first sections of this paper will study the idea of eminent domain and the reasoning for its existence founded within the Constitution and the words of the Founding Fathers. An assessment of recent court cases on the subject will also be explored to analyze the current interpretation of the topic of eminent domain. The purpose of midsection of the paper is to explain the law cases that decided the precedence for the use of eminent domain. The court cases main function is to illustrate the various situations were eminent domain was implemented, brought to court, and decided by Supreme Court justices. By doing this, an observation of the justices rationale, the diverse time periods, and the change in leadership can show what influenced the validation or invalidation of the use of eminent domain. The purpose of last sections of this paper is to show eminent domains various forms on an international and social level. It will expand on the concept of eminent domain found in other countries and on other levels not explicitly established in general examinations. The purpose is to answer the question of whether or not America is the only country faced with the dilemma of taking private property from private citizens. As well as the assessment of the interaction of eminent domain and religion and whether or not these interactions fall under the guise of separation of church and state. Property is surely a right of mankind as real as liberty. -John Adams, Defense of the Constitutions, 1787 Definition of Eminent Domain Related Terms Eminent Domain One of the cornerstones of a free society is the system of private property. The idea of economic liberty is founded not only in the doctrine of free enterprise but also on the principle that people have the right to accumulate the fruits of their earnings. Past discussions have asked if the government has the power to arbitrarily seize a persons wealth or property, whether a person can truly be considered free in an economic sense (Garner, 1975). Conflicts arise when discussing the right to hold private property and writing in the Constitution itself the ability to seize said property, i.e. the notion of eminent domain. That is why the framers deemed it critically important to protect peoples property from governmental assault through their adoption of the Fifth Amendment, which reads in part as follows: No person shall be . . . deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. Fifth Amendment to the United States Constitution Eminent domain is defined by Blacks Law Dictionary as, The power to take private property for public use by the state, municipalities, and private persons or corporations authorized to exercise functions of public character. In the United States, the power of eminent domain is founded in both the federal (Fifth Amendment) and state constitutions. The Constitution limits the power to taking for a public purpose and prohibits the exercise of the power of eminent domain without just compensation to the owners of the property which is taken. The original purpose of eminent domain was to allow government officials to obtain property to help establish places to aid in the management of the government (Olivetti, 2003). This idea being that in order to run the government it would need courthouses, jails, and other government affiliated structures. During the early years of the American colonies and what would eventually become the United States, there was no need to invoke the power of eminent domain with the exceptions of roads and mills. However, during the industrial period in America as railroads, factories, and commercial industries developed, eminent domain also developed into a new, more prevalent role. The process of eminent domain usually proceeds in this manner: When a body of government desires to obtain privately held land, it first attempts to purchase the piece of property at fair market value. If it is not agreeable to the private property owner to sell their land, it is at this point the government files a court action to exercise their authority under eminent domain. It is then the governments burden to demonstrate that the negations were in good faith and that the use of the property is for public use and general welfare. If the government is successful in its argument measures are taken to assess the fair market value of the property, which the governments obligation to the owner. If the owner is noncompliant and does not wish to sell, both sides are allowed to appeal the others decision. This process follows the basic understanding of eminent domain. The current definition of eminent domain has reached a broader interpretation, both in courts and by certain experts. It is seen as an economic tool used to improve economically dead areas and is a vital tool, and in some cases the only tool left when it comes to improving a blighted area, transforming dangerous, abandoned and oftentimes drug-infested neighborhoods into modern mixed-use retail and residential complexes that not only create new jobs but also generate tax revenue (Boulard, 2006). This statement coincides with the summarized view that without the tool of eminent domain, America would not have been able to grow and progress during the time of industrialization. Railroads could not have been built without the land seized and given to it to be built upon. It is at this point questions are presented that ask if the almost sacred institution of private property is as stated sacred and there is an understanding that eminent domain is a necessary evil, why does conflict occur. If for the sake of economic growth and public welfare, eminent domain is justified then why does it have the stigma of evil it now has todays world? One could conclude that the state of eminent domain has passed its expiration date; that society, due to corruptness and greed, can no longer be trusted with the right to governmentally seize its citizens property even with just compensation? It should be understood that there is precedence for the government to seize an individuals property legally outside of the eminent domain. The government is authorized to obtain a persons property through the due-process clause of the Fifth and Fourteenth Amendments, only after following the principles of the due process of law, specifically notice and hearing. This only applies, however, when a person is being accused of defrauding the federal government. Before the government can punish a person through incarceration and fines i.e., deprive a person of liberty and property, it must provide them with both a notice and a hearing, where they are entitled to contest the charges against them (Bernstein, 2004). This illustrates the notion that when the government acquires an individual citizens property it is not necessarily a questionable act, but an act towards public welfare. There are two conditions the eminent domain clause of the Fifth Amendment must meet in order for eminent domain to be legally justified. The first is the public use stipulation arguing that in order for land to be taken for public use it must be for the welfare of the general public. The second condition is the just compensation clause that demands that the individual whose land has be taken by the government (state or federal) must be compensated fairly to elevate the pain of lost property. Together these two concepts as called the takings clause and embody the conditions eminent domain must meet to be considered a constitutionally supported act. . The Takings Clause As the examination of eminent domain continues another term that requires clarity is the term takings clause. In order to understand eminent domain and the court cases that surround the issue the term takings clause must be explained due to the frequency of the terms use. The takings clause is the culmination of both public use and just compensation powers found within the Fifth Amendment. The takings clause of the U.S. Constitution states basically: nor shall private property be taken for public use, without just compensation. The takings clause finds its foundation within the Magna Carta, section 39. The difference between Englands compulsory purchase clause of the Magna Carta and the takings clause of the Fifth Amendment is that England did not require compensation for land acquire by the government, but did require compensation for personal property. Public Use While the public use and just compensation limitations serve as a check on the power of eminent domain, over time the interpretation of the eminent domain section of the Fifth Amendment has been broadly understood, especially with respect to the concept of public use (Malloy, 2007). The term public use has become the one of the dividing factors in how one perceives the eminent domain clause of the Fifth Amendment. Justice Stevens commented on the usage of public use and its changing definition in his Kelo v. New London opinion: Indeed, while many state courts in the mid-19th century endorsed use by the public as the proper definition of public use, that narrow view steadily eroded over time. Not only was the use by the public test difficult to administer (e.g., what proportion of the public need have access to the property? at what price?), but it proved to be impractical given the diverse and always evolving needs of society. The general and cliental definition of public use is anything that contributes to the general welfare and prosperity of the whole community. The more in-depth definitions of public use are divided into two sides. The first is the literal definition of public use as that which is being used by the public, and the second being that public use is defined as that which improves public welfare. The second definition normally defining improvements as those that happen by proxy such as the building of arenas to improve the economic state of the surrounding area and the construction of a company building that will create jobs. Although the Supreme Court continues to show support to a broader interpretation of public use, there is a continued trend of support of a more literal view of the clause; not only by dissenting Justices themselves, but with the public as well (Garner, 1975). Summarizing the main view of critics of eminent domain the current use of eminent domain is viewed as being abused and requires more detailed understanding. Public opinion, however, has not deterred the Courts from their broader understanding of eminent domain and the public use component. In the Courts defense, they have stated that it is up to the judicial branch to decide whether or not the eminent domain contradicts other rights in the Constitution. However, the Court agrees that it is not their job to make policy based on their decisions. The Court has also stated that it is not up to the legislature to determine, when questioned, if an act of eminent domain will be condemned or protected by the defined term of public use. (United States Congress, 2005) For the idea of public use the question raised it this: Has the concept of public use been misinterpreted to enhance the benefits of private individuals, or is it that the understanding of public use and public welfare too vague? These questions will be address at the conclusion of this paper. Just Compensation The just compensation clause of eminent domain is not as severely examined as the public use clause. It should be noted that in the context of the cases pertaining to the subject of the just-compensation clause it is the abuses of the clause that are being examined more thoroughly then the situations that have used the just compensation clause properly. Courts cases Kelo v. City of New London (2005) and Berman v. Parker (1954) both are used as examples of how just compensation has been observed as being easily abused. These cases have stated in their decisions and opinions that the phrase just compensation can be considered as being abused in modern times in a way that the word just has been interpreted too broadly (Olivetti, 2003) FindLaw.com generally defines just compensation as: The general standard thus is the market value of the property, i.e., what a willing buyer would pay a willing seller. If fair market value does not exist or cannot be calculated, resort must be had to other data which will yield a fair compensation. Therefore the definition of just compensation fall under two categories. The first defines just compensation as the assessment of property at the current market value. The second defines just compensation as merely the state of some form of compensation; this factor existing because the owners of the property are not seemingly in a position to dispute the offer. The first problem created when examining the definition of the just compensation clause is what is considered just compensation. It can be argued that asking if just compensation is just is as subjective a question as asking what should be considered public use. When removing an owner from their property the question brought forward is whether one can measure compensation on something a sentimental as private property. Judicial Precedence: Major Eminent Domain Cases It is considered a prevalent view of many that eminent domain be viewed by strict parameters due to the gross violations of property rights (Malloy, 2007).These individuals believe that first, there has been some misinterpretation of the Fifth Amendment and second, that these misinterpretations have led to abuses that have consequences which benefit large corporations at the expense of individual homeowners and local communities i.e. Kelo v. City of New London (Oyez, 2005). Many dealings involving eminent domain have justly compensated those whose land was taken as a result of public use. In the context of the court cases pertaining to the subject of the eminent domain it is the abuses of the power of the government that is being examined more thoroughly then the situations were it is used properly. As the following topics examine eminent domain in the context of the courts and law it should be noted that the Fifth Amendment originally only applied only to federal government, not to state government. However the interpretation of the Supreme Court (United States Congress, 2005) suggests that through the due-process clause of the Fourteenth Amendment it incorporates each amendment within the Bill of Rights to each state individually. Therefore the Fourth Amendment applies the restrictions of the Fifth Amendment to the states (United States Congress, 2005). The information will assist in understanding the Supreme Court Judges use of logic in their decisions and opinions. The following cases will be discussed in chorological order in order to examine the progression of logic used by the Supreme Court judges and to examine the time period the case took place in order to observe any historical influences to their decisions. Berman v. Parker, 348 U.S. 26 (1954) In 1954, the U.S. Supreme Court decided on a major eminent-domain case, Berman v. Parker. In Berman v. Parker (1954), the case will set precedent for Justice OConnors argument in the Kelo opinion. The case came from D.C.s urban renewal plan in which the government condemned slum areas in Washingtons community. The process included the removal of citizens from blighted areas of the District of Columbia. Although the Washington D.C. local government was compensating people for the takings, many of the removed property owners protested to being forced to sell their homes. Their argument was that the governments urban renewal plan did not satisfy the requirements for an eminent domain order, nor did the power of eminent domain extend to such government projects as urban renewal. In addition a department store was in the designated area. The store owners argued that the store itself contradicted the idea of urban renewal due to the fact that the store did not constitute blight. The U.S. Supreme Court found in favor of the government. The Courts argument of the decision was that the purpose of urban renewal was a justifiable governmental act: Miserable and disreputable housing conditions may do more than spread disease and crime and immorality. They may also suffocate the spirit by reducing the people who live there to the status of cattle. They may indeed make living an almost insufferable burden. They may also be an ugly sore, a blight on the community which robs it of charm, which makes it a place from which men turn. The misery of housing may despoil a community as an open sewer may ruin a river. (Oyez, 1954) The Court held that eminent domain could be employed for urban renewal even if the title to the property would ultimately be received by private hands rather than be held by the D.C. government: Once the object is within the authority of Congress, the means by which it will be attained is also for Congress to determine. Here one of the means chosen is the use of private enterprise for redevelopment of the area. Appellants argue that this makes the project a taking from one businessman for the benefit of another businessman. But the means of executing the project are for Congress and Congress alone to determine, once the public purpose has been established. The public end may be as well or better served through an agency of private enterprise than through a department of government or so the Congress might conclude. We cannot say that public ownership is the sole method of promoting the public purposes of community redevelopment projects. (Oyez, 1954) The Supreme Courts decision in the Berman case concluded that the Supreme Court can find terms such as urban renewal legitimate as a basis for an eminent domain order. Those who believe in the literal interpretation of the Fifth Amendment consider terms similar to urban renewal contradict the original understanding of the takings clause of the Fifth Amendment. (Olivetti, 2003) This is in agreement the future argument of Justice OConner in her decision in the Kelo case. Oppositely, the Court argued that the use of eminent domain require a broad and general interpretation of the taking clause. In the opinion of the Kelo case Justice Douglas commented on precisely on this area of discussion: If owner after owner were permitted to resist these redevelopment programs on the ground that his particular property was not being used against the public interest, integrated plans for redevelopment would suffer greatly. (Oyez, 1954) Douglas noted the issue of taking from one businessman for the benefit of another businessman, presented by the landowners, was proven justifiable due to the fact that Congress created an entire redevelopment plan. The Supreme Court found that although there are properties that do not fall under the purview of public use their service under the function of the redevelopment plan therefore serve a public purpose. In the Supreme Courts ruling, Justice Douglas stated that the definition of public use expanded to include physical, aesthetic, and monetary benefits. In examination, the decision of the Court to up hold the urban renewal redevelopment plan was most likely influenced by the fact that when the Depression ended it created a large number of slums across America. In of Berman v. Parker there is a section were the Planning Commission of the District of Columbia created and made publicly available the information gathered concerning the blighted area, reporting: Surveys revealed that in Area B, 64.3% of the dwellings were beyond repair, 18.4% needed major repairs, only 17.3% were satisfactory; 57.8% of the dwellings had outside toilets, 60.3% had no baths, 29.3% lacked electricity, 82.2% had no wash basins or laundry tubs, 83.8% lacked central heating. Blight areas and condemned parts of various cities increased due to the depression and by 1954 the results were probably beginning to become more evident than ever. Another influence to the decision of the Berman case was the level of blighted area found within the District of Columbia. Poletown Neighborhood Council v. City of Detroit 304 N.W.2d 455, 410 Mich. 616 (1981) Twenty-seven years after Berman vs. Parker, (1954), the Michigan Supreme Court decided on another major case involving eminent domain in 1981, Poletown Neighborhood Council vs. City of Detroit. It should be taken into account that the Michigan Supreme Court decided this case not the federal Supreme Court. In this case, the city of Detroit had seized thousands of homes, businesses, and churches in an area called Poletown, in order to allow General Motors to build a plant on the site. In a new argument, the city claimed that the public use limitation of the takings clause was met by virtue of the fact that the new plant would create jobs not only taking care of the public use limitation, but also the public welfare question. Those who contested the eminent domain order argued that the plant was not really a matter of public use because the property owners property was simply being taken from them to be given to General Motors. The Michigan Supreme Court ruled in favor of the city, there was an immediate outcry from the public. An article written by Timothy Sandefur entitled This Land Is Your Land, stated: Eminent domain, once limited to public uses like roads or post offices, was unleashed in the service of any well-heeled private party able to persuade the local government to see things its way. In the years since Poletown, eminent-domain abuse has exploded nationwide. As Ramesh Ponnuru has pointed out, powerful corporations frequently send representatives to lobby cities for free real estate. The city takes a neighborhood, usually of modest homes, and gives it to a developer or a megastore, and then rakes in the higher taxes. The only losers are the home- and small-business owners, who lack the political influence necessary to persuade local officials to respect their rights. Poletown has become the leading symbol of eminent-domain abuse. (Sandefur, 2004) Sandefur states that the original intent of the eminent domain section of the Fifth Amendment was to allow governmental power capable of seizing property for the explicit purpose of building courthouses and police stations for the continuing governing of the newly built country. The Poletown case is use largely in the defense of those who believe that eminent domain is being misinterpreted and broadly used. It is one of a number of cases that were the reasoning behind the Courts decision is not as easily taken as previous court cases have been. Poletown Neighborhood Council v. City of Detroit is a highly criticized case because understanding the decision in terms of showing favor towards private individuals can be reasonably reached. Poletown is different from all other eminent domain cases because it is the first case allowing for condemnations of areas in the name of jobs and taxes. Although, the argument that taxes are a form of public use is extremely logical; however, an aspect of the decision required that a projects economic benefit be clear and significant. Political analysts perceive the decision in Poletown Neighborhood Council v. City of Detroit as a decision that blurs the line between public and private uses (Michigan Law, 1981). They fear that many cases like this will be heard for many generations to come and speculate if the future of private property ownership is in jeopardy. Kelo v. City of New London, 545 U.S. 469 (2005) The most political, public, and most recent Supreme Court decision surrounding eminent domain is Kelo v. City of New London, (2005) (Oyez, 2005). Susette Kelo and the Dery family of Fort Trumbull, New London, Connecticut lived on a stretch of land that neighbored the Pfizer pharmaceutical plant as of 1998. The Dery family, down the street from Miss Kelo, has lived in Fort Trumbull since 1895; Matt Dery and his family live next door to his mother and father, whose parents purchased their house when William McKinley was still president. The city determined that the land of Fort Trumbull could be put to more productive use. The city then handed over its power of eminent domain to the New London Development Corporation (NLDC), a private body, to take the entire neighborhood for private development. The claim of economic development was the justification of handing government assumed power to private entities (Oyez, 2005). The case arose after New London began to implement a development plan to revitalize its economy. Adopted in 2000, the plan sought to develop a 90-acre area on the Thames River near Fort Trumbull State Park and Pfizers global research facility, which was supposed to open in 2001. The Court noted that New London was economically distressed and decided to redevelop this area as a way to attract and accommodate new businesses linked to the Pfizer facility. Consequently, it prepared and adopted a plan under a state statute that allowed the city to acquire, improve, and transfer property for new development (Oyez, 2005). That statute specifies how the city must implement these tasks and explicitly authorizes them to acquire property through negotiation or eminent domain. The plan proposed to develop the area for different uses, but did not intend for all of them to be opened to the public. In the defense of the New London Development Corporation (NLDC) they had successfully acquired 110 parcels of land, but had to initiate proceedings to acquire the other 15 by eminent domain. Four of the disputed pieces of land were located on the site of the proposed research and development offices; however, 11 pieces of property were designated for unspecified uses. Fifteen property owners challenged the eminent domain claim, arguing that NLDC violated the Connecticut and United States constitutional bans against taking property for public uses without just compensation. The trial court upheld some of the takings and overturned the others, which led both parties to appeal to the Connecticut Supreme Court (Oyez, 2005). The appellant court upheld all of the takings on the grounds that they were necessary to achieve the city revitalization goals for the economy. The dissenting justices agreed that the plan served a valid public purpose, but found the takings unconstitutional because the city failed to show how they would achieve those goals. Claiming that the City violated the Fifth Amendments takings clause, the owners appealed to the U.S. Supreme Court (Oyez, 2005). The issue raised in the Supreme Court was whether or not the New London Development Corporations plan satisfied the public use requirement or whether it was simply a way to confer a private benefit on a particular party. In Kelo v. City of New London, (2005) the Court upheld the Connecticut Supreme Courts ruling that New Londons plan served a valid public purpose and that the takings thus satisfied the Fifth Amendments public use requirement. The Supreme Court held that the city created a plan that would benefit the public and that showed no preference to any specific individuals. Justice Kennedy joined in the majority opinion and wrote a separate concurrence. Justice OConnor, joined by Chief Justice Rehnquist and Justices Scalia and Thomas, wrote the dissenting opinion. Justice Thomas also wrote a separate dissent (United States Congress, 2005). From Justice Kennedys point of view the courts must examine economic development takings more closely than other takings to determine whether or not the taking is in the best interests of the public or favors the benefit of private individuals. Kennedy believed that the Courts can do this without assuming that the government acted with malice. Kennedy was satisfied that the trial court in this case reached its decision after closely examining the takings and rejecting the contention that the city was acting only to benefit specific private interests (United States Congress, 2005). In Justice Thomas separate dissent from Justices OConnor and Scalia, and Chief Justice Rehnquist, he argued that the Fifth Amendment allows the government to take property only if the government intends to own the property or literally allow the public to use it. He urged the Court to reconsider its holdings based on the takings clauses historical meaning. He stated that the founding fathers viewed public use and public welfare to convey different meanings. He argued that, over time, the courts have moved away from the literal meaning of public use and moved toward the more modern and broad term of public welfare. Like OConnor, Thomas concluded that the Kelo decision of the Court rendered the takings clause meaningless by substituting public purpose for the Constitutions public use language. (United States Congress, 2005) The main dissent was from Justices OConnor and Scalia, and Chief Justice Rehnquist. Writing the primary dissent, Justice OConnor argued that economic development takings violated the takings clauses public use requirement, which, in agreement with Justice Thomas, she interpreted literally. She rejected the majoritys view that the constitution allows for the transfer of private property to private developers as long as the public gains some incidental benefit. Justice OConnor argued that it was for the courts, not the legislation, to decide whether or not the use of eminent domain was constitutional. OConnor read from two preceding cases, Berman v. Parker (1954) and Hawaii Housing Authority v. Midkiff (1984) as the basis of her argument. She made note of the fact that the takings in these cases were not for economic development but for eliminating harm: blight in Berman and land oligopoly in Midkiff. She stated that in upholding the Kelo takings, the Court should not have deferred to the citys decisions; doing so rendered the takings clause meaningless and consequently removed any effective check on the eminent domain power. In oral arguments between the Court and Scott G. Bullock, the lead counsel for the defense of the Kelo plaintiffs, the issue of what standard eminent domain should function under was addressed. Justice OConnor continued her stance that the Courts interpretation of eminent domain followed the constitutionally set guidelines. The transcript of the oral argument concerning the state of emient domains interpretation reads as follows: JUSTICE OCONNOR: Berman spoke, in the opinion, said that the determination of the legislature about these things is virtually conclusive, that there is only the narrowest, narrowest role for the judiciary. What kind of standard are you proposing we should get into here to second guess the public use aspect? SCOTT G BULLOCK: Your Honor, it is clear that eminent domain power is broad, but there has to be limits, and thats what we are really talking about here. JUSTICE OCONNOR: Well, have we ever in any case from this Court said that the limit has been exceeded? SCOTT G BULLOCK: In a few cases from earlier in this century, Your Honor, the Missouri Pacific case, the Thompson versus Consolidated Gas case, but this Court has recognized for over 200 years that there are limits on eminent domain power, that they cannot be used for private takings. And that has been a consistent strain throughout this Courts jurisprudence Scott G. Bullocks oral argument was the need to create distension between the term public use and use of the public. He argued that there is a difference between a takings for public use used to create instrumental means of commerce such as railroads and a takings for public use that improve the general welfare by proxy i.e. private development that may generate jobs and tax revenue. He argues that revenue is the reason the decision to uphold the takings could have detrimental effects. Since poorer neighborhoods do not produce as much revenue as a new development could this could create bad precedence for future eminent domain cases arguing in the name of improved revenue under a takings. The main point of Bullocks argument is the effect a broad interpretation of eminent domain would have on poorer neighborhoods. Religion Eminent Domain In an attempt to create a means to protect citizens from laws that create a burden on a persons right to free exercise of religion the Religious Freedom Restoration Act, also known as RFRA, was introduce to Congress. The purpose of the bill was to examine a presented law under the strict scrutiny test to determine whether or not it violated the First Amendment right to free exercise of religion. The strict scrutiny test is a judicial review standard that examines a federal law under three elements. 1.) Is there is a compelling state interest? 2.) Is the law narrowly tailored? 3.) Is the law the least restrictive means to achieve its interest? The bill was passed but ultimately the Religious Freedom Restoration Act failed because it violated the Congress power to reinforce found within the Fourteenth Amendment. The conflict that developed was between religious practices that violated already established law, such as the Native America religious use of peyote, and the Religious Freedom Restoration Act itself. Although the Religious Freedom Restoration Act was overturned it was replaced with the Religious Land Use and Institutionalized Persons Act. The bill is similar to the Religious Freedom Restoration Act in that it exists to protect individuals from laws that create a burden on a persons right to free exercise. The two acts differ in that the Religious Land Use and Institutionalized Persons Act in aimed specifically towards the use of land concerning religious institutions and organizations and the religious practices of prison inmates. The Religious Land Use and Institutionalized Persons Act is surviving longer than the Religious Freedom Act because it is tailored towards specific religious aspects and not on religion as a whole. In terms of eminent domain the Religious Land Use and Institutionalized Persons Act does not protect religious institutions from a takings. The act only protects religious land in the context of its use and the context of religious practices in prison. Specifically the use of the land under the act only identifies issues regarding zoning and land-marking laws that create a burden on the free exercise of religion. Based on the given argument of the article in Seton Hall Law Review, Limiting the Scope of the Religious Land Use and Institutionalized Persons Act: Why RLUIPA Should Not Be Amended to Regulate Eminent Domain Actions Against Religious Property, it is suggested that guidelines of the RLUIPA do not protect individuals from enacting its eminent domain power. However, there is one court case that does support the idea that the RLUIPA protects religious property from eminent domain despite the argument given in the Seton Hall Law Review; Cottonwood Christian Center v. Cypress Redevelopment Agency. Cottonwood Christian Center wanted to expand their worship building and bought some land to accommodate their growing membership. When the Costco Company expressed interest in building a store in that area the local government began the preliminary proceedings for a eminent domain takings. The court found that the RLUIPA protected the Cottonwood Christian Center from an act of eminent domain on the grounds that the use of land was for the practice of their religious beliefs and therefore protected by the right to free exercise. The case is considered atypical and not a reflection on how the courts as a whole view the relationship between eminent domain and the Religious Land Use and Institutionalized Persons Act. A summarization of the sources suggests that religion is not an exception when it comes to eminent domain. A church, temple, mosque, or any other religious institutions property can be taken by eminent domain as longer as the use of the land is for public use and there is just compensation. The current logic is that although eminent domain has taken the religious institution or organizations property it is not infringing on the citizens rights to free exercise of religion. They can still practice there religion in any manner they choose, but where they practice their religion is not a concern of the government. Literature Review: Opinions on Eminent Domain On interpreting the nature of eminent domain and the role it plays in modern society, there are two basic sides that support the argument for allowing the government the ability to take private property. The first is a more practical approach; this argument debates the economic necessity of eminent domain and supports its use in improving the surrounding area for the sake of economic improvements and community progress. It is under this argument that the idea of eminent domain must be invoked in order to ensure community progress is supported. The second argument supports the idea that eminent domain can be used to develop neighborhoods that are considered condemned and destitute. The Supreme Court has established this concept as urban renewal, which is when the government creates a plan to re-develop an area of town, city, or community which is considered a blighted area. The court case that references urban renewal, the 2005 case Kelo vs. New London, which will be examined subsequently. Garry Boulard of State Legislatures Magazine summarizes the various viewpoints of the economic use of eminent domain. Reporting on views from various expert opinions, Boulard concludes two things. The first being that eminent domain does have a purpose. Experts in agreement with this assessment state that eminent domain is a tool needed by the government in order to progressively change the community. The state in how eminent domain is perceived is Boulards second point. He quotes Gary Kovavic, a Los Angeles attorney who has been practicing eminent domain law for the past twenty-nine years who stated: Most of that time litigation has centered around things like what is the fair market value of the property or what is the fair market value of the improvements to the property, But in recent years, Kovavic says a growing percentage of litigation revolves around challenges to the practice of eminent domain. That was almost unthinkable a generation ago. Boulard concludes that there is a trend to use eminent domain in terms not previously used in the earlier half of the twentieth century. His main point was in the examination of the Kelo vs. New London case and its impacted of state legislation. His observation was that the decision made by the Supreme Court in Kelo vs. New London has forced states to observe their own eminent domain practices. In agreement about the tentative nature of eminent domain, Anne Barton who is the deputy director of the division of planning and development in Lowell, Massachusetts, suggest that guidelines be administered when using eminent domain for the purpose of urban revitalization. She argues that there is a minimum of five considerations that should be taken into account when justifying the use of eminent domain for the purpose of blight removal. The first is the design that respects neighborhood character. This states that the difference between successful eminent domain development plans and unsuccessful eminent domain development plans is the approach of large change instead of small incremental changes with respect to the surrounding area. The second consideration is the idea of a community advisory committee. A committee is a necessary tool needed to assess which neighborhood development plan is the most applicable. The third component is the fairness to property owners and tenants. This component is used to ease the transition of a takings. It shows respect to the owner and tenants of the land by informing them of the development before information is leaked into the public. The forth element is the financial and political commitment to carry out the plan component. This shows that commitment is necessary if a development plan is to be successful. The final consideration is the idea of political accountability. Barton believes that when a government body invokes a power as serious as eminent domain the government needs to demonstrate to their voters that the government is accountable to them. Barton believes these steps are necessary because of the nature of eminent domain and the power it gives to the government. She writes: Eminent-domain authority is one of the strongest powers given to government, and it is governments utmost responsibility to use it with extreme care and caution. When arguing against the use of eminent domain the argument concludes to two questions. The first being does the takings fulfill the public use requirement of eminent domain? and the second asking does the takings fulfill the just compensation requirement of eminent domain? An article in the Columba Law Review, The Uselessness of Public Use, writes against the public use argument of eminent domain. Primarily, the use of public use found within the Kelo vs. New London Supreme Court decision. The writers of the review felt that the use of public use was broadly understood and should find a more narrow interpretation. The basis of their argument was that by interpreting the public use clause of eminent domain violates the state of private property and creates a danger towards it s stability. The writers also allude to the idea that the focus of public use has made the just compensation feature of eminent domain undesirable in situation were jut compensation would be the best possible outcome. The argument against eminent domain under the just compensation clause is an argument not used as frequently as the public use clause. Creating an appeal against a takings under just compensation clause has proven to be a more difficult argument to make because the just compensation argument is essentially quantifiable. The majority of the time the disagreement is not what is just compensation, but how much is just compensation. The St. Johns Law Review article, We Shall Not Be Moved: Urban Communities, Eminent Domain, and the Socioeconomics of Just Compensation the writer identifies the Courts original view that just compensation was the basic value of the property taken. However, currently the general understanding is that the property taken will be assessed at the current market value. It is argued by the Courts that the purpose of just compensation is to put the individual: in the same position monetarily as he would have occupied if his property had not been taken. International Concepts of Eminent Domain The United States is not the only country that has an eminent domain policy. The United Kingdom, New Zealand, and Ireland have named this policy compulsory purchase (Garner, 1975). The compulsory acquisition of land has become a major issue in Ireland. The Public Infrastructure Project has use compulsory purchase for what has been state as, to go ahead for the common good (Garner, 1975). The most widely discussed application of this refers to road improvement schemes and the Dublin Light Rail System project in Ireland. These are excellent examples of the purpose of eminent domain or compulsory purchase. The problem Irelands citizens are facing is the massive use of compulsory purchase; and since the compulsory purchase is being used for the common good there is almost no argument for appeal. South Africa calls the policy expropriation, and the issue faced with expropriation is on a completely different spectrum than in the United States and Ireland. Since the end of South Africas apartheid regime, whites in South Africa still own more than 80% of commercial agricultural land (Garner, 1975). South African President Thabo Mbeki has endorsed the expropriation of white-owned farms as part of his countrys land reform program. President Thabo Mbekis land reform includes the surrender of white-owned land to be released to the government to redistribute land to black citizens (Garner, 1975). Eminent domain powers in China are based on the fact that there are no property rights within Chinas communist system. In an extreme example of issues surrounding property rights in China the term nail house is associated with the topic. A nail house in a piece of property the owner refuses to sell in the name of development. The most famous nail house is the nail house in Chongqing, China. The owner, Yang Wu, refuse to sell the home his family has lived in for the past three generations for the development of a shopping mall. The developers dug a 33 ft. deep pit around his home giving the appearance of a nail protruding out of a piece of wood. Despite the troubles, in the name of private property he refused to remove himself from his home for several months until they settled in 2007. As of March 2007 China passed its first modern property laws and follows similar American criteria for taken private property, mainly that the property must be use for public interests. Current Developments Another area of eminent domain that is developing is its use for the construction of sports arenas. The significant eminent domain issue is the condemnation of private property to be used by a private party, which is the contractor and sponsors of the arena. In 2006, a nearly $4 billion arena project was proposed to the local government in a neighborhood in Brooklyn, New York. The project wanted to use eminent domain to acquire land in an area that was not blighted or condemned. The case has not been decided, but the situation posed an interesting question: If an area in not blighted and there is existing tax revenue how can the government justify an eminent domain takings for the sake of the construction of an arena. The issue of using eminent domain to develop a sport arena is the complex nature of how a sport arena constitutes as public use other than the ability to be used by the public for a price. By allowing huge commercial companies who associated with sports arenas to have the ability to invoke the eminent domain power through government creates the fear that private residential areas are in jeopardy. The current development of eminent domain has changed in the latter half of the century. The Courts continue to have a broad interpretation of eminent domain. One of the reasons for the broad interpretations, as Justice OConner explained in the Kelo oral arguments, is besides the public use and just compensation guidelines of the Fifth Amendment what other guidelines should be tested in order to make an act of eminent domain justifiable. The current arguments are the same as the arguments given in the past. They ask whether or not there should be a more literal translation of the takings clause of eminent domain. The discussions also include the argument that under all the debates about eminent domain abuses the true purpose of eminent domain is being lost in the battle. There are a growing number of literary resources that demonstrate the economic necessity of eminent domain. A limit of governmental power is the goal for property rights advocates. The difficult task ahead establish whether or not it is possible Attorneys for state and local governments are concerned that a conservative judgment will hinder the capacity of the public to revitalize their economies. Several sources examined within this paper have asked for a rational basis test that would be considerately respectful to a legislative program, plan, or law that endorses a reasonable local interest. The rational basis test being a judicial review that is lower than the strict scrutiny test, but is still capable of examining the if a legislative act should be rationally pursued. President Bush addressed the concerns surrounding eminent domain and the power it gives to the legislative. The president issued an executive order stating that the Federal Government must limit its use of taking private property for public use with just compensation (United States Congress, 2005). Bush argues that although the constitution stated for the purpose of benefiting the general public, he has ordered that eminent domain actions begin acting under more moderate conditions. President Bush limited the use of eminent domain stating that the use may not fall under the overly abused policy, for the purpose of advancing the economic interest of private parties to be given ownership or use of the property taken. (United States. Congress, 2005) Implications The policy eminent domain is displaying a trend of an interpretation with very few guidelines. Although the public use and the just compensation clauses are vital in determining the criteria of an eminent domain takings. There is still the question of perhaps these guidelines are not enough. As all systems have a history of abuses and exploitation it is only natural that many ask the court to create criteria that falls under more scrutiny then the current standards of assessment. The problem with the justification of eminent domain is not just the use of the governmental power but which individuals are continuing to have their property taken from for the purpose of public use. Eminent domain has yet to be invoked on property of the upper class, the city officials, or even skyscrapers. It is always the working class or below. It is understandable if the argument for eminent domain is used for the purpose of urban renewal or blight removal. It is another situation when the majority of property that falls under eminent domain comes from the working class or lower class solely for the purpose of redevelopment or revitalization. In Justice OConners dissent she commented on the implications derived from the Kelo decision. She wrote: Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms. As for the victims, the government now has license to transfer property from those with fewer resources to those with more. The Founders cannot have intended this perverse result. When arguing eminent domain it is only responsible to offer an alternative to eminent domain if the argument condemns the act. An alternative option to eminent domain utilization of land already owned by the government; by doing this the government does not put any undo burden on private property owners. This alternative is limited in the instances where the government does not own any nearby land or the governmentally owned property is situation in an undesirable location. There is also the possibility that the use of land owned by the government inefficient or extremely expensive. An alternative to assist in the use of eminent domain would be to find property owners who would be willing to sell and assess whether the land is equivalent to the original choice. It would also add that some extent and a level of efficiency by negotiating with willing sellers instead of fighting unwilling property owners. By finding willing property owners the gains would outweigh the costs of the takings process of including litigation, enforcement, and opportunity costs, etc. Senator Brownback of Kansas summed up the implications of the possible conclusion of eminent domain during the Senate Judiciary Committee hearings on the nomination of Judge John G. Roberts to the Supreme Court. Senator Brownback asked this to future Justice Roberts concerning the interpretation of eminent domain: Isnt it now the case that its much easier for one mans home to become another mans castle? Conclusion At the beginning of the paper several questions where asked. The first question asked, Has the concept of public use been misinterpreted to enhance the benefits of private individuals, or is it that the understanding of public use and public welfare too vague? To summarize the view of the courts, the term public use was concluded as to be interpreted to that which improves the public welfare. The improvements on public welfare include developments that would enhance the economic situation of public and improve the tax revenue of the community. Public welfare was also concluded to include the improvement of areas identified as blight. Such broad concepts of what would benefit a society could easily fall into misuse. It would be wise of both the Courts and the legislation to remember that the act of eminent domain is not merely acquiring someones property, but someones home. It is not the intention of the owners of property that have fallen under an eminent domain order to stop or halt local progress, but merely defend themselves from a perceived threat. If it is viewed that eminent domain has been abused this does not mean that a solution to eminent domain takings be solved by eliminating eminent domain for economic development across the board. Eminent domain is a vitally important tool. Many communities face the problem of absentee owners who hold decaying properties that stand in the way of redevelopment plans and other urban renewal plans. Again, the problem faced is whether or not such specific redeveloping plans like urban renewals fall under the purview of the takings clause of the Fifth Amendment. From one side of the spectrum if urban renewals were found to assist economic development and fell under public use (as currently upheld by the Supreme Court) then such takings to beautify certain parts of the community for the sake of aesthetics is legally and constitutionally supported. The cases spoken about previously gave the illusion that eminent domain is being badly abused; nevertheless, it is not the purpose of this thesis to make that statement. The cases were used to show the development of the Constitutional concept of eminent domain not to report on the state of it. The cases used were found within the primary source documents on the subject of eminent domain and can not be escaped. There is a divide among informed individuals on the subject as to whether or not the eminent domain policy of the Fifth Amendment of the United States Constitution should be understood broadly or literally. If eminent domain is understood in a broader sense then there is no abuse being done to the eminent domain policy. However, if one interprets the Fifth Amendment policy to indicate a more literal meaning then there is disagreement with the decisions made in the past by the Supreme Court and its justices. The necessity of eminent domain is not in question; it is criticized, but not questioned. What is being criticized is when given the power to acquire private property should procedures be taken to limit the level and frequency in which it is used? The previous court cases demonstrated how the Supreme Court widened the interpretation of the Fifth Amendment. Illustrating instances where the power of eminent domain went from the authority to build government buildings to seizing and redistributing property to alleviating blight. Then that power was extended again to seizing and redistributing property to improve the economy and the governments tax base as was one of the purposes of the Poletown eminent domain order. In Berman v. Parker, (1954) the term urban renewal entered into the debate of eminent domain. Arguing that a development plan of urban renewal was justified by the public use and public welfare phrases in the Taking Clause. In the Poletown Neighborhood Council v. City of Detroit, (1981) the Supreme Court upheld the eminent domain order under the argument that the chance to add additional jobs to the community outweighed the homes lost in the redirection. Kelo v. City of New London, (2005) proved to the Supreme Court private property rights can be defeated by a more general interpretation of the term public use Whatever the eventual verdict is on how to interpret eminent domain it would be wise to see what the founding fathers had to say on private property for both the government and the governed. The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence. -John Adams, Defense of the Constitutions, 1787

Comparison Essay Between Story of an Hour and Rose for Emily

REPRESSION OF WOMAN IN THE 19th CENTURY Since the beginning of time, women have been treated as second class citizens. Therefore, women were forced to face many problems. Because of this women were repressed. At that time, the Napoleonic Code stated that women were controlled by their husbands and cannot freely do their own will without the authority of their husband. This paper shows how this is evident in the Story of an Hour by Kate Chopin and A Rose for Emily by William Faulkner. In both stories, the use of literary elements such as foreshadowing, symbolism, and significant meaning of the titles are essential in bringing the reader to an unexpected and ironic conclusion. The background of both authors, which was from the†¦show more content†¦Through Mrs. Mallard, we could see the social repression that women felt at that time. Therefore, in this story there is so much repression, Chopin said They were locked into marriages that probably loved. At least Mrs. Mallard says her husband never looked at her save w ith love (Chopin 34). In The Story of an Hour, Chopin was simply referred to the character as Mrs. Mallard Ââ€" an appendage of Brently Mallard Ââ€" then when she was free, she was referred to as Louise, her first name. Chopin was trying to say that marriage makes women repressed Nurhayatti 3 and bends the will (35). Even though marriage does bend the will, I assume that Brently Mallard was still a good man because he never looked upon her wife with anything but love. She knows that her husband loved her, but that is never be enough for her to feel any love from him as it says and yet she loved him, sometimes(34). Chopin does not seem to think that it is the husbands plan to bend her will to make their marriage successful. Mrs, Mallard was breaking the lens means that she broke what has tied her to her husband which is repression. It seems that she only lived (mentally and spiritually) for one hour during her whole life when she knew that her husband was dead. She went to her room and looked out the open window (Chopin 33). The language is foreshadowing the ironic women moment of happiness that she felt at thatShow MoreRelated A Rose for Emily by William Faulkner and The Story of an Hour by Kate Chopin988 Words   |  4 PagesThe Hour for Emily In the short stories A Rose for Emily and The Story of an Hour, Emily Grierson and Louise Mallard are both similar women, in similar time periods but they both are in entirely different situations. This essay will take these two specific characters and compare and contrast them in multiple, detailed ways. A Rose for Emily by William Faulkner is a short story with third party narration, centered on the main character, Emily Grierson. She is suppressed by her father, life expectationsRead MoreThe Story of an Hour and a Rose for Emily Essay2219 Words   |  9 PagesCompare Contrast The Story of an Hour and A Rose for Emily Kate Chopins The Story of an Hour and William Faulkners A Rosefor Emily both characterize the nature of marriage and womanhood bydelving into the psyches of their female protagonists. Also, althoughChopin makes no clear reference to geographic locale in The Story of anHour, both authors usually set their stories in the American South, whichimpacts these characterizations. These two tales share many other points ofreference in commonRead MoreENC1102 SYLLABUS 8340511973 Words   |  8 PagesMarielise  Garcia  (Professor  G.)   SPRING  2015   ENC  1102   834051   MWF 8:00a.m. ­8:50  a.m.  Ã‚  Room:  R45200         OFFICE  HOURS:  Ã‚  MWF  9:00  am  to  9:30  am.  Ã‚            College  Information      Miami  Dade  College,  Kendall  Campus      Course  Information      Course  Number/  Title:  ENC1102  English  Composition  II   Term:  Spring  2015 ­1      Department  Information      Department  English  and  Communications   Office  location/hours:  Room  2217    Telephone:  (305)  237 ­2284      Web  Page  Ã¢â‚¬â€¹ http://www.mdc.edu/kendall/english/  Ã‚      Course  Description  Read MoreThe Hours - Film Analysis12007 Words   |  49 PagesThe Suicide of the Author and his Reincarnation in the Reader: Intertextuality in The Hours by Michael Cunningham Andrea Wild In his novel The Hours, Michael Cunningham weaves a dazzling fabric of intertextual references to Virginia Woolfs works as well as to her biography. 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