So the danger of conservative judicial activism has been averted for another year. Stay tuned. Michael Kinsley activismavertconservative Change image and share on social
A gaffe is when a politician tells the truth. Michael Kinsley gaffepoliticiantell 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
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
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 any event, the proper question isn't what a journalist thinks is relevant but what his or her audience thinks is relevant. Denying people information they would find useful because you think they shouldn't find it useful is censorship, not journalism. Michael Kinsley audiencecensorshipdeny share on social
The 'takings' clause of the Fifth Amendment is for conservatives what the equal protection clause of the 14th is for liberals. Michael Kinsley 14thamendmentclause Change image and share on social
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
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
