September 12, 2005

I’VE GOT FIVE QUESTIONS FOR JUDGE ROBERTS in today’s New York Times. Here’s one:

Justice Joseph Story wrote in 1833 that “since the American Revolution no state government can be presumed to possess the transcendental sovereignty to take away vested rights of property; to take the property of A and transfer it to B by a mere legislative act.” Was Story wrong? Or was the Supreme Court wrong this year when it ruled in Kelo v. the City of New London that a government had the right to take property for the use of private developers?

Follow the link for the rest.

UPDATE: More questions here and here.

And here, at Prawfsblawg. (Via Liz Aloi).

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