Contributors

Thursday 15 April 2010

US Supreme Court - checks and balances

A very interesting piece here about a 2005 SC decision which so annoyed most of the US that State legislatures passed laws which specifically went against that verdict.

Useful for A2 G&P students when answering anything involving checks on the SC's power; in this case, Kelo v. City of New London in 2005 the SC decided that the government had the power under the Fifth Amendment to decide arbitrarily that property can be seized by compulsory purchase (or in the jargon "eminent domain") and passed to a third party for reasons of economic development; the public would ultimately benefit because the seizure of land to build a shopping mall would benefit the new owners and as a by-product create jobs. State legislatures subsequently passed laws and constitutional amendments which curbed the impact of the SC decision.

The checks and balances in this instance worked because the original case was opposed by most Americans and their political parties. The "excesses of the Supreme Court" was limited (at least in the view of the Economist Magazine's "Lexington" Column) by the new laws and State constitutional amendments.

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