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Professor Bainbridge-

[who, incidentally, never even acknowledged my responses to his questions about Social Security, which borders on totally unclassy and way lame on his part]

Examines the case before the Supreme Court Kelo v. New London, regarding eminent domain in a post titled "Will Leviathan Prevail?"

"The Supreme Court has held that private property can be seized via eminent domain as part of an urban renewal project when the property is blighted, a loophole that local authorities have greatly abused to seize private property. Yet, in this case, the government doesn't even bother trying to hide behind that fig leaf. They assert baldly the power to seize private homes because they think some other user can put them to a higher tax generating use. Except, in this case, they don't even know what the land will be used to do!

This is no minor technical dispute. Kirk's dicta is confirmed by the brilliant work Richard Epstein did in his classic book Takings, which makes a compelling case that the power to take private property is the critical and central power of government that must be constrained if liberty is to have any substance."

The SCOTUS blog-

(via Pejmanesque)

Reports that the arguments on behalf of property rights did not go swimmingly, in a post titled "Marty Lederman Reports from Today's Oral Arguments."

"...based on the impression left by the oral arguments, the government-side is going to win today's property rights cases overwhelmingly."

Speaking of Pejmaneque-

He notes that post-election fundraising has gone much better for Republicans than Democrats, in a post titled, "IF MONEY IS THE MOTHER'S MILK OF POLITICS . . . (Then Republicans are calcium-fortified)"

"...when your party has the Presidency, the President can serve as the Fundraiser-in-Chief and augment his/her party's ability to fill its coffers. But I didn't expect the Republican advantage to be this big. After all, I thought that all of the rage and anger on the Democratic side was supposed to help the port side raise more cash than it had in the past.

I mean, isn't that what everyone keeps saying? And wasn't that Terry McAuliffe fellow supposed to be good at getting cash for the Democrats? Oh, how I miss him."

Red State Rant-

Pokes fun at Canada for sending between two and three dozen soldiers to Iraq, in a post titled "Our Friends Up North."

"Wow. 30 soldiers.



Gotta be careful. Don't wanna spread the Canadian military too thin.

UPDATE: Failed to notice earlier: the story says 'UP TO' 30 soldiers. Might not be 30. Maximum 30. Could be 20. Could be 10. Maybe it depends on the availability of group rates."


Posted by Will Franklin · 22 February 2005 03:05 PM