Thank You, Kermit Roosevelt
by Timothy Sandefur
From Prof. Roosevelt’s new book, The Myth of Judicial Activism:
Calling Kelo a takings clause case is in some ways a misnomer. The takings clause requires the government to pay just compensation for property it takes. But it does not, itself, either set a limit on the power of eminent domain or tell judges to enforce that limit. What does? The question should be familiar…. It is the Due Process Clause that protects individuals from governmental acts that go beyond the government’s delegated power…an act that takes from A and gives to B simply is not a “law” at all. (p. 135)
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