摘要：本文是一篇關(guān)于美國土地征用權(quán)的留學(xué)生論文。土地征用權(quán)是美國政府控制私人財產(chǎn)的權(quán)力。論文中從制法人的制法意圖開始討論土地征用權(quán)的意義。先從不同的定義著手，闡述了土地征用權(quán)的概念。然后又簡述了幾個案例與發(fā)展?fàn)顩r

引言：

對于自由平等的政府而言，制定一個既可以管理民眾來維持秩序，并且找到界限使賦予權(quán)力的人遠(yuǎn)離濫用職權(quán)的機(jī)制，已經(jīng)成為了一個考驗。為了確保被管理者的保護(hù)權(quán)不被政府濫用，制定美國憲法的先驅(qū)們用了一百零六天試圖建立一個相互制衡的制度。此外，這個制度也確保了掌握權(quán)力的人在最大程度上向人們展示自己富有成效的英明舉措。

作為凡人，這些制定憲法的元勛們不能看到他們?yōu)檫@個社會制定的龐大的、復(fù)雜的機(jī)制未來有一天成為什么樣子。他們不能預(yù)想到一個具有大規(guī)模殺傷力武器，不均衡科學(xué)發(fā)展的世界，也不能想象出美國人將來會是什么樣的道德狀態(tài)。盡管如此，憲法的準(zhǔn)則和價值體現(xiàn)在它可以用當(dāng)前的生活方式來解讀。二十一世紀(jì)正在評估著的制法先驅(qū)制定的土地征用權(quán)的憲法部分以及對于憲法基礎(chǔ)的解釋。

論文觀點(diǎn)

這個論文是從當(dāng)前條款和當(dāng)代視角分析檢驗土地征用權(quán)等制法先驅(qū)們的理解。更具體地說，這次主要是檢驗土地征用權(quán)，也是國家控制私人財產(chǎn)的固定權(quán)利，即當(dāng)前廣義與狹義解釋的沖突。之所以選擇這個話題是因為話題波動的本質(zhì)和當(dāng)前領(lǐng)導(dǎo)人對于這個權(quán)力解釋的分歧。調(diào)查將包括法庭關(guān)于這一案件的裁決、最高法院大法官的意見、美國憲法評估者的意見和它原來的意圖。調(diào)查也將觀察土地征用權(quán)目前存在的俠義和廣義的趨勢。

以下是論文節(jié)選，全文內(nèi)容請參考：https://www.51lunwen.org/AmericaThesis/org201411111251556027.html

Introduction

It has been the test of all free and equal governments to produce a system capable of both governing the masses for the purpose of maintaining order and finding the necessary boundaries needed to keep those entrusted with power from abusing their position and authority. The founding fathers of the constitution of the United States of America spent one-hundred and sixteen days (Bernstein, 2004) attempting to build a system of checks and balances to ensure the protection of the governed from the government. Furthermore, the system was also built to allow those entrusted with power to have the authority to perform actions their wisdom judges as productive and fruitful to the community at large.

The founding fathers, being both men and mortal, were not capable of seeing the vast, complex organism the society they were creating would someday become. They did not have the foresight to conceive a world capable of weapons of mass destruction, scientific endeavors of unlimited proportions, or all the possible future ethical states the American people could exist in. Nevertheless, the standards the constitution holds and the values it possesses are capable of being interpreted within the current way of life. One of the Founding Fathers' concepts that is being evaluated in twenty-first century terms is the constitutional component of eminent domain and the interpretation of it constitutional foundation.

thesis Statement

This thesis is an examination of eminent domain as pertaining to the Founding Fathers' understanding in the terms of current and contemporary perspectives. More specifically, this examination will be on the concept of eminent domain, which is the inherent power of the state to seize private property, and the current conflict of narrow vs. broad interpretations. This topic was chosen due to the fluctuating nature of the subject and the divide among current leaders in the interpretation on the matter. The examination will include a look at the court case decisions, Supreme Court Justices' opinions, and an assessment of what the Framers of the United States constitution had to say about the subject and what was its original intention. The examination will also observe which state eminent domain currently exist in; a trend towards narrow or broad interpretation.

The method that will be used to explore eminent domain will be an objective assessment of current opinions on the matter from Supreme Court justices, experts of the topic, and literature reviews. This thesis is not a subjective opinion on eminent domain, but is a collection of evidence that evaluates the opinions and decisions of modern leaders. However, evidence does show that there is a trend towards a broad interpretation of eminent domain and the suggestion that eminent domain is being use to support large corporations and specific individuals for various financial reasons. The evidence does not invalidate the importance of eminent domain and its position in American society, but supports the argument for reevaluation of the issue for improved clarity and understanding.

Purpose of Paper

The purpose of the paper is to show the present development of the use of eminent domain and its main interpretations in the context of various situations and time periods. Its purpose includes the necessity to clarify terms that surround the eminent domain topic, such as “taking clause” or “public use”. A subsequent section will expand more on the definitions of terms and phrases. The first sections of this paper will study the idea of eminent domain and the reasoning for its existence founded within the constitution and the words of the Founding Fathers.

An assessment of recent court cases on the subject will also be explored to analyze the current interpretation of the topic of eminent domain. The purpose of midsection of the paper is to explain the law cases that decided the precedence for the use of eminent domain. The court cases main function is to illustrate the various situations were eminent domain was implemented, brought to court, and decided by Supreme Court justices. By doing this, an observation of the justices' rationale, the diverse time periods, and the change in leadership can show what influenced the validation or invalidation of the use of eminent domain.

The purpose of last sections of this paper is to show eminent domain's various forms on an international and social level. It will expand on the concept of eminent domain found in other countries and on other levels not explicitly established in general examinations. The purpose is to answer the question of whether or not America is the only country faced with the dilemma of taking private property from private citizens. As well as the assessment of the interaction of eminent domain and religion and whether or not these interactions fall under the guise of separation of church and state.

Definition of Eminent Domain & Related Terms

Eminent Domain

Eminent domain is defined by Black's Law Dictionary as

Public Use

Just Compensation

Judicial Precedence: Major Eminent Domain Cases

Religion & Eminent Domain

Literature Review: Opinions on Eminent Domain

International Concepts of Eminent Domain

Current Developments

Implications

Conclusion