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Of course, conservatives always claim to be against judicial activism.

- Michael Kinsley
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Michael Kinsley
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The case decided on Thursday, though, seemed promising to takings fans because it wasn't about compensation. It was about the requirement that any government taking must have a 'public purpose.'

They can't take your house and give it to the mayor's mistress, even if they pay you for it. But they can, apparently, take your house and tear it down to make room for a development of trendy shops and restaurants, a hotel and so on.

Almost any government activity can also be seen as taking property 'without just compensation.' The basic model of an unconstitutional 'taking' would be if the government threw you out of your house.

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.

The 'takings' clause of the Fifth Amendment is for conservatives what the equal protection clause of the 14th is for liberals.

In those days, the late 1970s, one of the leading politicians was a soon-to-be uncle by marriage of Arnold Schwarzenegger, named Ted Kennedy.

The logic is often far-fetched - how does medical marijuana affect interstate commerce? - and some conservatives would like judges to start throwing out federal laws wholesale on commerce clause grounds. The court once again said no thanks.

In 1977, at least, he wished to have people believe that he shared and was proud of an attitude toward women that is not acceptable in a politician. In 2003, all he has said is that he doesn't remember the interview.

A gaffe is when a politician tells the truth.

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Of course, conservatives always claim to be against judicial activism.

Of course, conservatives always claim to be against judicial activism.

Of course, conservatives always claim to be against judicial activism.

Of course, conservatives always claim to be against judicial activism.

Of course, conservatives always claim to be against judicial activism.

Of course, conservatives always claim to be against judicial activism.

Of course, conservatives always claim to be against judicial activism.

Of course, conservatives always claim to be against judicial activism.

Of course, conservatives always claim to be against judicial activism.

Of course, conservatives always claim to be against judicial activism.

Of course, conservatives always claim to be against judicial activism.

Of course, conservatives always claim to be against judicial activism.

Of course, conservatives always claim to be against judicial activism.

Of course, conservatives always claim to be against judicial activism.

Of course, conservatives always claim to be against judicial activism.