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November 04, 2007

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» David Strauss on Liberals and Originalism-- Round One from Radio Left
Balkinization David StraussCross posted at University of Chicago Law School Faculty BlogIn two recent and very inte... [Read More]

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Matthew Hartogh

Maastricht, NL

posted by Matthew Hartogh

The police power and eminent domain are two general spheres of this public purpose. If these powers are delimited within their proper scope, the proper balance between individual sovereignty and state authority is accomplished. If these powers are overly constricted, disorder is the result. Conversely, if they expand beyond their bounds, the result is tyranny.
Takings jurisprudence is an examination of these two powers in light of the due process clause of the 5th and 14th amendments.

John Knight

Nonsense.

If the written law is not controlling, where do judges get the authority to make decisions? No, I mean in a democracy?

No wonder constitutional law is such a mess, with professors like this goober.

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