Christopher Dunn Fomenting Property Revolution in the Supreme Court
The Takings Clause was before the Supreme Court last week in a case in which a property-rights advocacy organization seeks to expand dramatically the clause's scope in an effort to curb the government's power over private property. As Christopher Dunn explains in this edition of his Civil Rights and Civil Liberties column, the bigger agenda here is to establish the proposition that the Takings Clause is triggered automatically whenever the government mandates access to private property, which ultimately could implicate public-accommodations statutes.
March 31, 2021 at 12:45 PM
10 minute read
The legal regime that creates and defines private property is the foundation of capitalism and is responsible for enormous inequality—economic and otherwise—in our society. While state law is the primary source of property rights and restrictions, the federal Constitution contains a provision central to the tension between those who seek to reinforce the current property system and those who view the system's reform as a key strategy for creating greater opportunity and equality: the "Takings Clause" of the Fifth Amendment, which proves that "nor shall private property be taken for public use, without just compensation."
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