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"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."
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Explore more quotes by Michael Kinsley
"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."
"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."
"In 1977, at least, he wished to have people believe that he shared and was proud of an attitude toward women that is not acceptable in a politician. In 2003, all he has said is that he doesn't remember the interview."
"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."
"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.""
"So the danger of conservative judicial activism has been averted for another year. Stay tuned."
"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."
"The "takings" clause of the Fifth Amendment is for conservatives what the equal protection clause of the 14th is for liberals."
"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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