Fifth Amendment Essay

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Land has been an integral part of culture since the beginning of time. From the Homestead Act to the modern real estate development age, we care about where we live. We showed through the American Revolution that we are willing to fight for the land we love. However, under the Takings Clause of the 5th Amendment we are prevented from this specific action, fighting for something we love. The Takings Clause states, “nor shall private property be taken for public use, without just compensation." (US Const. Amend. V, sec. 3) The fifth amendment fails to protect the individual from the unjust seizure of land from the government, for there is no clause that allows for protecting one’s land if not compelled to sell. Even when given the right, the …show more content…
In 1776, the Revolutionary War was fought to give us the rights and the land we love. Through the Frontier Movement, settlers sought to establish a sea to sea exploration and development of the West. Publishing Homestead Act and other such land grabs, the U.S. government inspired a procession of settlement from Savannah to San Francisco. In all of this, the incentive was the acquisition of land, all of the exploration, the settlement was pushed by the idea of personal property. To finally have something they could call their own and that thought drew them.
Gone With the Wind, a widely praised art of literature and film, was written by Margaret Mitchell in 1936. This novel talks through the time surrounding the Civil War, detailing Scarlett O’Hara’s life in northern Georgia. Her father an immigrant and self-made man settled here after scoring a patch of land through a game of poker. Named after the seat of the throne of Ireland, the Tara plantation was Gerald O’Hara’s pride and joy, he loved it more than life

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