“The "takings" clause of the Fifth Amendment is for conservatives what the equal protection clause of the 14th is for liberals.”
Michael Kinsley
Tags: Amendment | Clause | Conservatives | Equal | Fifth | Liberals | Protection | Takings
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Michael Kinsley
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Of course, conservatives always claim to be against judicial activism.
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It wouldn't be fair to say that conservatives cherish property the way liberals cherish equality. But it would be fair to say that the takings clause is the conservatives' recipe for judicial activism just as they say liberals have misused the equal protection clause.
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