Several readers (and one caller) have asked what is to be done in the wake of the Supreme Court’s Kelo decision of last week. When it comes to the protection of constitutional rights properly understood, the courts are generally speaking our last line of defense. The 5-4 breakdown of the vote on the decision highlights the importance of President Bush’s standing fast in the judicial wars and of his nominating (and the Senate confirming) another few justices in the mold of Clarence Thomas. I think that is the immediate answer to the question.
I hope to return to the subject with respect to our need for a longer term course of action, with respect to which our friends at the Claremont Institute have an important role to play beyond the important role they have already played. In the meantime, take a look at Professor John Eastman’s 2002 column for the institute: “The vanishing right to property.” And at Ken Masugi’s 2004 book review for the institute: “What a revolting redevelopment.”
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