A winning hand for the Fifth Amendment

September 11, 2015 | By MARK MILLER

Last month, the Constitution won a hand in an Atlantic City Court. That’s a victory for all Americans. The New Jersey Casino Reinvestment Development Authority (CRDA), a state agency, sought to take the Atlantic City family home of Charlie Birnbaum. Birnbaum’s family had owned the home for decades, but that didn’t matter to state ...


What's a Public Use? A soccer stadium? A casino?

May 23, 2014 | By MARK MILLER

Two cases in the news this week made me wonder if I read the Fifth Amendment differently than the rest of the country. The Fifth Amendment to the Constitution says “nor shall private property be taken for public use, without just compensation.” There are any number of interesting questions raised by that language, but I want … ...