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9780739197837

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Guy F. Burnett has done an enormous favor for political scientists, lawyers, and concerned citizens by placing the Constitution's Takings Clause -and the Supreme Court's controversial decision in the Kelo case-in the full context of the Founders' Constitution and American legal history. His account is at once erudite and highly readable. -- Bradley C. S. Watson, Saint Vincent College The Takings Clause of the Fifth Amendment declares that no private property shall 'be taken for public use, without just compensation.' In this well-researched book, Burnett provides an in-depth case study of Kelo v. City of New London-the highly-controversial 2005 decision in which the Supreme Court completed the process of reading 'public use' out of the Constitution and replacing it with 'public purpose.' Burnett expertly sets the stage by thoroughly discussing the litigation at the state court level in which Susette Kelo valiantly fought to protect her house from the city's power of eminent domain. He then explores the legal arguments advanced before the Supreme Court as found in the merit and amici briefs and as presented in the oral argument before masterfully analyzing Justice Stevens's majority opinion, Justice Kennedy's concurrence, and the dissents by Justices O'Connor and Thomas. He finishes by exploring the impact of Kelo on subsequent litigation and the legislative reaction to it at the federal, state, and local levels. Burnett's elucidation of the Court's evolving interpretation of 'public use' over the past century clearly shows how precedent can easily erode the original meaning of language that was understood to be a bedrock protection of private property. This book deserves a wide readership. -- Ralph A. Rossum, Claremont McKenna College

Guy F. Burnett has done an enormous favor for political scientists, lawyers, and concerned citizens by placing the Constitution's Takings Clause -and the Supreme Court's controversial decision in the Kelo case-in the full context of the Founders' Constitution and American legal history. His account is at once erudite and highly readable. -- Bradley C. S. Watson, Saint Vincent College

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Guy F. Burnett is assistant professor of government and foreign affairs at Hampden-Sydney College in Virginia.

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