英语论文网

引言：

对于自由平等的政府而言，制定一个既可以管理民众来维持秩序，并且找到界限使赋予权力的人远离滥用职权的机制，已经成为了一个考验。为了确保被管理者的保护权不被政府滥用，制定美国宪法的先驱们用了一百零六天试图建立一个相互制衡的制度。此外，这个制度也确保了掌握权力的人在最大程度上向人们展示自己富有成效的英明举措。

作为凡人，这些制定宪法的元勋们不能看到他们为这个社会制定的庞大的、复杂的机制未来有一天成为什么样子。他们不能预想到一个具有大规模杀伤力武器，不均衡科学发展的世界，也不能想象出美国人将来会是什么样的道德状态。尽管如此，宪法的准则和价值体现在它可以用当前的生活方式来解读。二十一世纪正在评估着的制法先驱制定的土地征用权的宪法部分以及对于宪法基础的解释。

论文观点

这个论文是从当前条款和当代视角分析检验土地征用权等制法先驱们的理解。更具体地说，这次主要是检验土地征用权，也是国家控制私人财产的固定权利，即当前广义与狭义解释的冲突。之所以选择这个话题是因为话题波动的本质和当前领导人对于这个权力解释的分歧。调查将包括法庭关于这一案件的裁决、最高法院大法官的意见、美国宪法评估者的意见和它原来的意图。调查也将观察土地征用权目前存在的侠义和广义的趋势。

Introduction

It has been the test of all free and equal governments to produce a system capable of both governing the masses for the purpose of maintaining order and finding the necessary boundaries needed to keep those entrusted with power from abusing their position and authority. The founding fathers of the constitution of the United States of America spent one-hundred and sixteen days (Bernstein, 2004) attempting to build a system of checks and balances to ensure the protection of the governed from the government. Furthermore, the system was also built to allow those entrusted with power to have the authority to perform actions their wisdom judges as productive and fruitful to the community at large.

The founding fathers, being both men and mortal, were not capable of seeing the vast, complex organism the society they were creating would someday become. They did not have the foresight to conceive a world capable of weapons of mass destruction, scientific endeavors of unlimited proportions, or all the possible future ethical states the American people could exist in. Nevertheless, the standards the Constitution holds and the values it possesses are capable of being interpreted within the current way of life. One of the Founding Fathers' concepts that is being evaluated in twenty-first century terms is the constitutional component of eminent domain and the interpretation of it constitutional foundation.

thesis Statement

This thesis is an examination of eminent domain as pertaining to the Founding Fathers' understanding in the terms of current and contemporary perspectives. More specifically, this examination will be on the concept of eminent domain, which is the inherent power of the state to seize private property, and the current conflict of narrow vs. broad interpretations. This topic was chosen due to the fluctuating nature of the subject and the divide among current leaders in the interpretation on the matter. The examination will include a look at the court case decisions, Supreme Court Justices' opinions, and an assessment of what the Framers of the United States Constitution had to say about the subject and what was its original intention. The examination will also observe which state eminent domain currently exist in; a trend towards narrow or broad interpretation.

The method that will be used to explore eminent domain will be an objective assessment of current opinions on the matter from Supreme Court justices, experts of the topic, and literature reviews. This thesis is not a subjective opinion on eminent domain, but is a collection of evidence that evaluates the opinions and decisions of modern leaders. However, evidence does show that there is a trend towards a broad interpretation of eminent domain and th