Almost any government activity can also be seen as taking property 'without just compensation.' The basic model of an unconstitutional 'taking' would be if the government threw you out of your house. Michael Kinsley activitybasiccompensation Change image and share on social
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 concessioncourtdecision Change image and share on social
One answer is that the town's elected officials thought that the project served a public purpose and that the various subsidies and favors were worth the price. But they may or may not have thought this. Michael Kinsley answerelectfavor share on social
A gaffe is when a politician tells the truth. Michael Kinsley gaffepoliticiantell Change image and share on social
So the danger of conservative judicial activism has been averted for another year. Stay tuned. Michael Kinsley activismavertconservative Change image and share on social
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. Michael Kinsley activismcherishclause share on social
In recurring episodes over the next couple of decades, the minority view gradually won. A profusion of factors differentiates each case from the others, including naked partisanship on both sides, but the trend has been clear. Michael Kinsley caseclearcouple share on social
The case decided on Thursday, though, seemed promising to takings fans because it wasn't about compensation. It was about the requirement that any government taking must have a 'public purpose.' Michael Kinsley casecompensationdecide Change image and share on social
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. Michael Kinsley apparentlydevelopmentgive share on social
