Introduction
In the Youngstown Co, v. Sawyer, 343 U.S. 579 (1952), In the midst of the Korean War, the United Steel Workers of America threatened a strike—for higher wages—against the major steel producers in the United States. As President Harry S. Truman believed that a strike of any length would cause severe dislocations for defense contractors, Truman seized control of steel production facilities, keeping the current operating management of the companies in place to run the plants under federal direction. This case deals with the Supreme Court deciding whether the broad war powers given to the President in Article II of the Constitution of the United States allows the President to seize private property for the management of business operations.
In Kelo v. City of New London, 546 U.S. 807 (2005), the Supreme Court determined that a government could take private property under Amendment V for a ‘public purpose’, rather than just ‘public use’.
In the Lucas v South Carolina Coastal Council decision (pp. 269-273 in your textbook) the Supreme Court deals with the challenges brought on by private property owners as a result of the National Environmental Protection Act. In this case, the Supreme Court deals with one of these challenges, and in the process, recasts its mechanism for defining a taking under the Fifth Amendment. Amendment V to the Constitution of the United States.
Activity Instructions
In an 8-10 page paper, please discuss the legal and ethical issues involved in environmental protection:
Identify the ethical and legal issues presented in these two cases. Analyze why this issue is important in business management. Also, explain why Amendment V to the Constitution of the United States is important in this business issue.
Based on these three cases, analyze under what circumstances can cities legally take private property and transfer it to a private business? Explain the factors under which the government can force a taking of an individual’s or business’ private property?
Currently, businesses are pulling out of blighted areas of San Francisco, California and Portland Oregon, due to the impact of lack of law enforcement, homeless camping, and use of illegal drugs on financial losses impacting the ability to make profits. Review the weekly resources: San Francisco’s Union Square Shopping Area Has Lost 17 Retailers Since 2020, and More businesses announce they’re leaving downtown Portland. If one of these cities would take property for the redevelopment of the blighted area and request your business to buy the property, what laws and legal conditions would you, as a business manager, need the city to make in order to ensure profitability? For each law or legal condition, apply and analyze the impact on all stakeholders of the business you manage.
Your responses to the questions posed should be in paragraph format.
At the end of your submission, include a brief Design Statement explaining the process and tools you used to develop your work. Your statement should be about a paragraph or so, in your own words (rather than formally written), and unique to this assignment.
