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 Copy Share Image
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. — Michael Kinsley Copy Share Image
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… — Michael Kinsley Copy Share Image
Almost any government activity can also be seen as taking property without just compensation. The basic model of an unconstitutional aking would be if… — Michael Kinsley Copy Share Image
Journalistic conventions make it hard for reporters to deal with a big, complicated lie. — Michael Kinsley Copy Share Image
He hasn't said whether he remembers the episode itself - or, if he doesn't, whether that is because it never happened or because it… — Michael Kinsley Copy Share Image
What could be more absurd than the idea that genuine anti-Christian prejudice is a major force in American politics. — Michael Kinsley Copy Share Image
The takings clause of the Fifth Amendment is for conservatives what the equal protection clause of the 14th is for liberals. — Michael Kinsley Copy Share Image
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… — Michael Kinsley Copy Share Image
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… — Michael Kinsley Copy Share Image
In those days, the late 1970s, one of the leading politicians was a soon-to-be uncle by marriage of Arnold Schwarzenegger, named Ted Kennedy. — Michael Kinsley Copy Share Image
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… — Michael Kinsley Copy Share Image
