Download American Government- Eminent Domain, Martial Law, Public

American Government- Eminent Domain, Martial Law, Public
Health and Safety
Definitions
*Eminent Domain- the inherent power of the government to take private property
for public use providing reasonable compensation.
*Martial Law- The exercise of government and control by military authorities over the
civilian population of a designated territory. Certain civil liberties may
be suspended such as, unreasonable search and seizures, freedom of
association, freedom of movement, and writs of habeas corpus.
Habeas Corpus- Intended to prevent unjust arrests and imprisonment.
A court order that shows good cause why a prisoner
should not be released.
Eminent Domain
Commonly used to build highways and public use facilities. May now be used to
raze blighted residential or commercial areas to be used by private retailers see
Kelo v. City of New London.
Supreme Court Cases
Kelo v. City of New London
Martial Law
Rarely used, the first time it was put in place nationally was during the Civil War.
President Lincoln instituted martial law measures that were passed by congress.
Lincoln wanted the habeas corpus suspended and also used military tribunals to
to try Confederate sympathizers.
Eighty years later martial law would be declared in Hawaii after the bombing at
Pearl Harbor. See Duncan v. Kahanamoku
In 1943 the Supreme Court upheld curfews put in place for Americans of
Japanese heritage. See Hirabayashi v. United States
In 1944 the Supreme Court upheld the U.S. Government’s internment (what does
internment mean?) of 110,00 Americans of Japanese heritage.
See KOREMATSU V. UNITED STATES
In 1970, in order to maintain peace during civil unrest, Ohio Governor James
Rhodes declares limited martial by sending National Guard troops to contain a
Vietnam War protest on the campus of Kent State University. Four protesters
shot and killed.
Supreme Court Cases
Ex Parte Milligan
Hirabayashi v. United States
Duncan v. Kahanamoku
KOREMATSU V. UNITED STATES
PUBLIC SAFETY
PUBLIC SAFETY LAWS COVER EVERYTHING FROM FOOD TO WORK PALCE SAFETY. SINCE
THE INCEPTION OF THE COUNTRY WE HAVE CONTINUED TO INSTALL AN INCREASING
NUMBER OF PUBLIC SAFETY LAWS. WHAT EFFECT DOES TECHNOLOGY AND SCIENCE HAVE
ON PUBLIC SAFETY LAW?
CELL PHONES- TEXTING BANS WHILE DRIVING
FOOD CHEMICALS AND THINGS DEEMED HARMFUL (NO TRANS FATS)
BULLYING
WORK SAFETY- GUARDS, PROCEDURES, EQUIPMENT
PUBLIC SAFETY- SEX OFFENDER REGISTRIES
SUPREME COURT CASES
Connecticut Dept. of Public Safety v. Doe, John, et al
Godfrey and Botelho v. John Doe I, et al
Monsanto v. Geertson Seed Farms
ATWATER et al. v. CITY OF LAGO VISTA et al.