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 Copy Share Image
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
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
