Florida Civics Literacy (FCLE) Practice Exam

Which phrase in the US Constitution addresses the power to seize property?

1. Judicial review

2. Eminent domain

3. Checks and balances

4. Federalism

The correct answer is: Eminent domain

The phrase that addresses the power to seize property in the U.S. Constitution is "eminent domain." This concept refers to the government's power to take private property for public use, provided that they offer just compensation to the property owner. The Fifth Amendment to the Constitution explicitly states that private property shall not be taken for public use without just compensation, solidifying the principle of eminent domain as a constitutional right. Understanding eminent domain is crucial because it balances the needs of the government to fulfill public projects, such as infrastructure development, while also protecting the property rights of individuals. This principle is foundational in ensuring that any governmental seizure of property is conducted fairly and legally. The other terms mentioned, such as judicial review, checks and balances, and federalism, relate to the structure and functioning of government rather than the specific issue of property seizure. Judicial review pertains to the courts' ability to evaluate the legality of actions, checks and balances refer to the system that prevents any one branch of government from gaining too much power, and federalism deals with the division of power between national and state governments. Thus, while all terms are essential concepts within government and law, "eminent domain" uniquely identifies the legal authority to seize property.