Economic Liberties

Question 1

Takings Clause

Answer 1

Government may take private property for public use if it provides just compensation. Possessory Taking: Government confiscation or physical occupation of property is a taking. Regulatory Taking: Government regulation is a taking if it leaves no reasonable economically viable use of the property. Public use is satisfied if the state’s use of the property is rationally related to a conceivable public purpose and can include pubic benefit rather than actual public usage. Just compensation is measured in terms of the loss to the owner; fair market value of the property at the time of the taking

Question 2

2nd Amendment Right to Bear Arms

Answer 2

Right of individuals to have guns in their home for the sake of security. Court did not articulate a level of scrutiny. Right is not absolute, the government can regulate who has guns, where guns are located, and what types of guns

Question 3

The right to ravel

Answer 3

Laws that prevent people from moving into a state must meet strict scrutiny. Restrictions on foreign travel need meet only the rational basis test.

Question 4

The right to vote

Answer 4

Laws that deny some citizens the right to vote must meet strict scrutiny, but regulations of the electoral process to prevent fraud only need be on balance desirable