Friday, June 24, 2005

A Federalist take on Kelo

From the New York Sun:
While most conservatives lined up with the New London property owners, some who strictly adhere the original Constitution might well have sided with the city. As part of the Bill of Rights, the takings clause of the Constitution - which says private property shall not "be taken for public use without just compensation" - did not apply to states or local governments until the ratification of the 14th Amendment in 1868. In what may have been an intellectual dig at their conservative colleagues, the justices in the majority twice made note of that fact.
New York Sun