CL82
James Breeding sucks
- Joined
- Aug 24, 2011
- Messages
- 63,757
- Reaction Score
- 250,198
Mmm, Kelo was a big jump in that it expanded the term "public use" to include seizure f/b/o a third party. IIRC Berman was probably the closest case which allowed government to plow down some "urban blight." That was probably in the '80s. There wasn't much activity between then and Kelo. You can argue that Kelo was a natural evolution, but saying that there were decades of precedent supporting taking for private use is a bridge too far.I don't have to be "ok" with a decision that interprets the constitution incorrectly.
You're attempting to make a correlation where none exists. The decades of precedent didn't exist in Dred Scott, and that decision invalidated legislation (vs. Kelo upholding it) such that there was no "legislative solution" outside of a constitutional amendment.