Econo

due process Incorporation - via Supr Court applying the first 8 Amendments via the 14thue processtra

The Bill of Rights Amendments 1 to 8 applied only against the Federal gouvernement, accordng to the pre-War Supreme Court decision Barron v. Baltimore.

The Civil War and the 14th Amendment applied the Bill of RIghts amends 1 thru 8 against the states via Section 1 of 14th Amend...

"No state shall ... abridge the privileges or immunities; nor shall any shall any state deprive any person of life, liberty or property without due process of law..."

Before this section, states argued that the 5th Amendment takings clause... the issue in the Barron v. Baltimore case... did not apply against the state.

The 5th Amendment takings clause sez "no shall private property be taken for public use without just compensation" could be invoked by the homeowner in Kelo... Kelo lost, but that's because there is great deference over the issue of what constitutes a "public use"... but Kelo was entitled to money after she lost on the issue of public use.

Kelo argued that giving the land to a drug company was not public. The Court said autrement, thus Kelo lost her land but the 5th amendment now applied against the state of Connecticut and Kelo received money as just compensation.