Intro -- Foreword -- The Eminent Domain Revolt -- Chapter 1. Individual Rights Before Kelo v. New London -- The Third Constitutional Epoch at Its Close -- Introduction -- Developing the New Bill of Rights -- Deciding Kelo v. New London Under the New Bill of Rights -- First Scenario: The Court Doesn't Recognize Housing -- Second Scenario: The Court Recognizes Housing -- Third Scenario: The Court Finds a Right to Housing -- Chapter 2. Kelo and Its Discontents -- The Consensus Evaporates and the Doctrines Unravel -- The New Right to Housing Under the New Due Process Analysis -- Chapter 3. The New Bill of Rights as Law -- The Fate of Reform Within Confusion -- The Response of the Political System -- The Response of the Judiciary -- The Public Responds -- Chapter 4. The New Bill of Rights as Fact -- On Stopping the Third Epoch in Its Tracks -- The Reexamination of the Nature of the Constitution -- The Emergence of a Separate Enforcement System -- The Reexamination of Facts Under the New Bill of Rights -- Chapter 5. The Early Days of the New Bill of Rights -- What the Fourth Epoch Inherits -- Conclusion -- Bibliography -- Constitution and Rights -- Democracy and Government -- Education -- Eminent Domain -- Housing -- Judiciary -- Liberty -- Maintenance -- Medical Care -- Privacy -- Property -- Religion -- Speech -- Taxation.

Ryskamp provides an up-to-the-minute report on the law and politics of eminent domain after the Supreme Court's (in)famous Kelo v. New London decision of June of 2005. All the states are just beginning to debate reforming their eminent domain laws, and there is nothing whatsoever on the market which would give them a clue as to how to frame the debate. Legislators are bewildered as to how to proceed. In the famous Lindsey v. Normet Supreme Court case, 405 US 56 (1972), the Court found there was no right to housing, which is one of the reasons we are in the midst of this eminent domain controversy now. However, the Court made it clear that it was simply the argument which was not convincing, not that such a right could not be found. This book presents, among other things, a new housing right argument which has not previously been used. However, the dominant theme of the book is precisely the unsettled nature of the law and facts of this controversy. Readers need to inform themselves and think for themselves. In an area in which public opinion will determine much of the outcome, there are no experts Â-and public opinion is just beginning to form. This book is for everyoneÂ-from lawyers to planners to legislators to the lay publicÂ-who is interested in the eminent domain issue as it plays out in state legislatures, debates and crises around the country. This issue is in newspapers on a daily or weekly basis now. The system simply cannot resolve it. Legal scholars may disagree about Ryskamp's location of the right to housing (under Fifth Amendment Due Process), but the book will convince many readers that we have to start working to understand the legal principles involved in this controversy.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2018. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.