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The Interplay between the Fourteenth Amendment’s Due Process Clause and the Fifth Amendment’s Takings Clause: Is the Supreme Court’s Test for “Public Use” Merely Rational Basis?
20 Feb 2019, 10:32 am by admin
Representative John Bingham of Ohio offered a new draft: The Congress shall have power to make all laws which shall be necessary and proper to secure to the citizens of each state all privileges and minutes of citizens in the several states (Art. 4 Sec 2) 31; and to all persons in the several States equal protection in the rights to life, liberty, and property (5th Amend.).32 While Bingham’s draft directly cited the Constitution, the committee minutes indicate that it decided… [read post]
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