American - Journalist | March 9, 1951 -
So the danger of conservative judicial activism has been averted for another year. Stay tuned.
Michael Kinsley
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The 'takings' clause of the Fifth Amendment is for conservatives what the equal protection clause of the 14th is for liberals.
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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.'
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The logic is often far-fetched - how does medical marijuana affect interstate commerce? - and some conservatives would like judges to start throwing out federal laws wholesale on commerce clause grounds. The court once again said no thanks.
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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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If sexual intercourse, as the poets tell us, began in 1963, it was another decade and a half before the American political system began to take notice.
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He's nice enough not to want to be associated with a nasty remark but not nice enough not to make it. Lacking the courage of one's nastiness does not make one nice.
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