Page 238 - Beers With Our Founding Fathers

Beers with our Founding Fathers

As an example, a person tried in a state court for a crime can be

tried for the same crime under different charges in federal court.
Due process, the judicial process which includes the right to jury and

confronting witnesses, are covered under the Sixth Amendment.
These rights are also seen as early as the Magna Carta.

The Eminent Domain clause of this amendment seems in an odd
place, however, considering that property was a part of life, liberty

and the pursuit of happiness, perhaps not. More accurately,
eminent domain is protected by the requirement of due process.

Historically, if the crown or empire had the need for a person’s
property, it was simply taken. Throughout the world, property was a

birthright of nobility and the ruling class, to be taken and given as
desired. Property was an indication of a person’s socioeconomic

status, and there was no birthright or ownership of property for the
commoners. As property ownership did become available, it

became invaluable to the families as both stature and income. To
take a person’s property was to take from the social status and

income. Therefore, it was necessary to protect this in the new
country. Eminent domain provides that the government may take

private property for public use – which could be from a park to a
building, and is as the government deems necessary for the public

good and welfare. Compensation was to be fair and based on
market value – not of any derived or anticipated income or potential

value to the owner, or to the government.

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