Takings/Just Compensation Clause v. Substantive Due Process
Posted: Thu Mar 20, 2014 4:16 pm
I am getting a little confused here, would appreciate any help offered.
The takings/just compensation clause is obviously separate language from the Fifth Amendment's Due Process clause which includes "life, liberty, or property."
I am confused as to when to apply, when dealing with property infringement, a Takings Clause argument (Penn Central Factors and Pe Se Taking arguments) and when to apply a substantive due process clause argument (liberty interest/fundamental right/narrowly tailored).
I understand how the analysis works under each clause, but I am having trouble differentiating when to apply either one when dealing with an infringement of property.
The takings/just compensation clause is obviously separate language from the Fifth Amendment's Due Process clause which includes "life, liberty, or property."
I am confused as to when to apply, when dealing with property infringement, a Takings Clause argument (Penn Central Factors and Pe Se Taking arguments) and when to apply a substantive due process clause argument (liberty interest/fundamental right/narrowly tailored).
I understand how the analysis works under each clause, but I am having trouble differentiating when to apply either one when dealing with an infringement of property.