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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. ↗
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 happened too often to keep track. More important, he hasn't said what he thinks about it all from the perspective of 2003. ↗
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 takings clause is the conservatives' recipe for judicial activism just as they say liberals have misused the equal protection clause. ↗
The "takings" clause of the Fifth Amendment is for conservatives what the equal protection clause of the 14th is for liberals. ↗
