They can't take your house and give it to the mayor's mistress, even if they pay you for it. But they can, apparently, take your house and tear it down to make room for a development of trendy shops and restaurants, a hotel and so on.
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A Supreme Court decision that concessions of this sort were unconstitutional would have taken them off the table and actually increased the effective sovereignty of elected officials.Michael Kinsley
I have always enjoyed the myth of The New Republic's golden age. The magazine is still very much in the Washington mix. It doesn't necessarily move the debate, but I think it can stir things up.
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No other nation obsesses about abortion the way we do.
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It wouldn't be fair to say that conservatives cherish property the way liberals cherish equality. But it would be fair to say that the takings clause is the conservatives' recipe for judicial activism just as they say liberals have misused the equal protection clause.
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Of course, conservatives always claim to be against judicial activism.
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