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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
After the Committee drafted the final version of the Fourteenth Amendment,33 Bingham proposed adding the following. nor shall any state deny to any person within its jurisdiction the equal protection of the laws, nor take private property for public use without just compensation.34 The Committee rejected this construction by a seven-to-five vote. [read post]
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