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NCJRS Abstract

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NCJ Number: 115065 Add to Shopping cart Find in a Library
Title: Report to the Attorney General on Economic Liberties Protected by the Constitution
Corporate Author: US Dept of Justice
Office of Legal Policy
United States of America
Date Published: 1988
Page Count: 139
Sponsoring Agency: Superintendent of Documents, GPO
Washington, DC 20402
US Dept of Justice
Washington, DC 20530
Publication Number: 202-053/84756
Sale Source: Superintendent of Documents, GPO
Washington, DC 20402
United States of America
Document: PDF
Type: Issue Overview
Language: English
Country: United States of America
Annotation: This report examines the Constitution's just compensation and contract clauses often invoked in defense of economic liberties, with attention to case law development, scholarly analyses, and standards.
Abstract: The fifth amendment's just compensation clause forbids taking private property for public use without just compensation. The report analyzes the original meanings of terms used in the clause, the police power limitation, and case law divergence. The contract clause prohibits States from passing any law impairing the obligation of contracts. Noting that 20th century holdings by the Supreme Court have virtually read the clause out of the Constitution, the paper discusses recent decisions which indicate the clause is still alive. Five other constitutional provisions that might be invoked to defend economic liberties are discussed: the due process, negative commerce, uniformity, ex post facto, and equal protection clauses. Standards for interpreting the just compensation and contract clauses are proposed. Selected examples of case law and commentaries are appended.
Main Term(s): Civil remedies
Index Term(s): Constitutional Rights/Civil Liberties; Contractual disputes; Trade practices; US Supreme Court decisions
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