Tuesday, July 23, 2013
Clarence Thomas dissent in Kelo V New London. The Originalist take on property rights.
This Dissent in Kelo actually serves a dual purposes. On one hand it demonstrates the tyranny of the Supreme Court and the lop sided power they posses to change the Constitution based on their own predilections. The other: it beautifully delineates the founders vision of private property rights in our Constitution and more accurately explains the takings clause. In order to understand property rights this a must read. Justice Thomas could very well be the best Originalist Supreme Court Justice we have, and at a close second is Antonin Scalia. He also mentions one of the more undervalued and pivotal legal influences on the creation of the Constitution, William Blackstone, who had greatly influenced both James Madison and James Wilson.
Copy and paste link:
http://www.law.cornell.edu/supct/pdf/04-108P.ZD1
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