Student legal case brief; following the FIRAC method; onKELO et al. v. CITY OF NEW LONDON et al.

Whatever incidental or fringe advantage should be left for other adjacent private properties , but most certainly , not the other way around . All the more that it should not be confused with the more sweeping term general welfare ' The implication of this decision hence renders nugatory the Public Use ' clause in its entirety

Furthermore , this case establishes a dangerous precedent . One should note the composition of the local governments as well as those in the congress . They are all affluent individuals who are more often than not propertied private individuals , too . They can

easily invoke this case to justify the undue advantage they have for themselves . Justice O 'Connor had this possibility in mind when she stated that now "those citizens with disproportionate influence and power in the political process including large corporations and development firms " can exploit the weak who had nothing but the lands passed down to them

Ordinarily , judicial activism is resorted to for purposes of maintaining equity and social justice especially when the law is too oppressive for the majority (Morgan , 2001 . However , this case is an outlier as it sanctioned the suppression . Thayer has enumerated at least three evils that attend the increased exercise of judicial review . First , the Congress grows more and more accustomed to turning the subject of constitutional restraints over to the courts , falling insensibly into a habit of assuming that whatever they may constitutionally do , they may do

Second , the people become more careless in electing their representatives since the few and , presumably , wiser occupants of the Bench are there to protect them anyway should the incompetence of these legislators shine eventually . Finally , judicial review is inherently not preferable because the correction of laws come from the outside ' and so those people primarily tasked to make the laws lose the opportunity to...