Name: 第五修正案｜國家憲法中心｜可汗學院 (The Fifth Amendment | The National Constitution Center | Khan Academy)
Uploaded: 2021-01-14T10:51:46.000Z
Duration: 12 min 43 s
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- [Kim] Hi, this is Kim from Khan Academy.

the takings clause of the Fifth Amendment.

the other clauses of the Fifth Amendment,

on just the last few words of the Fifth Amendment

which forbid the government from taking private property

for public use without just compensation.

Richard Epstein is the Lawrence A Tisch Professor of Law

and Director of the Classical Liberal Institute at NYU Law.

He's also a Senior Fellow at the Hoover Institution.

Eduardo Penalver is the Allan R. Tessler Professor

So Prof. Epstein can you give us a little background?

- [Richard] Well, there's a rule in Constitutional Law

It says, "nor shall private property be taken

"for public use without just compensation."

And the first thing to understand about the clause

And early on, since this was the part of the Bill of Rights,

it was said to apply only to Congress and not to the states.

And then after the Civil War, through the 14th Amendment,

- [Eduardo] Many constitutions don't have

around compensating owners of private property

when you, essentially commandeer their property

And that seems to have been the motivation.

it's a provision of the Constitution that makes clear

that when the Federal government takes your property,

or when the states takes your property for some public use,

- [Richard] Private property's a pretty comprehensive term.

They also understand that it tends to cover chattels,

But it's also, it's much broader than that.

It covers all sorts of intangible rights,

These are very complicated and generally speaking

the government doesn't have any obligation

because the patent after conferred, is in fact,

other kinds of intangibles like good will

which is the value associated with the business,

- [Eduardo] On the motives of the Framers

for including this talk about things like the confiscation,

during the Revolutionary War by the British government,

that was possibly motivation to make clear

if the government wanted to take your property

it would have to, it would have to compensate you.

there was a real problem being addressed by this.

A problem of uncompensated taking of property

by colonial governments during that period,

And so the takings clause, essentially says, is

"But if we're gonna take it and use it for a fort,

"that's a public use, we're gonna pay you compensation

that you can't pick and choose your victims,

and it's a way of assuring government regularity.

less apparent at the time of the Framing,

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第五修正案｜國家憲法中心｜可汗學院 (The Fifth Amendment | The National Constitution Center | Khan Academy)

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