Sunday, August 11, 2013

Clarence Thomas' Dissent on Kelo V. New London; the Originalist Take on Property Rights.

This Dissent in Kelo actually serves a dual purpose. On one hand it demonstrates the tyranny of the Supreme Court and the lopsided 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 great influence over both James Madison and James Wilson.

Click here for the dissent.