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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.