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DECEMBER 2004
The [Fifth Amendment's] "public use" requirement
is thus coterminous with the scope of a sovereign's police
powers.
Hawaii Housing Authority v. Midkiff, (467 U.S. 229
1984)
NOVEMBER 2004
The Court as an institution and the legal system as a whole
have an immense stake in the stability of our Commerce Clause
jurisprudence as it has evolved to this point.
United States v. Lopez, 514 U.S. 549, 574 (1995) (Kennedy,
J., joined by O'Connor, J., concurring).
OCTOBER 2004
"[T]he implementation of the Caernarvon coastal diversion
project fits precisely within the public trust doctrine. *
* * The State simply cannot allow coastal erosion to continue;
the redistribution of existing productive oyster beds to other
areas must be tolerated under the public trust doctrine in
furtherance of this goal."
Avenal v. Louisiana (La. Oct. 19, 2004).
SEPTEMBER 2004
Municipal institutions constitute the strength of free nations.
Town meetings are to liberty what primary schools are to science;
they bring it within the people's reach, they teach men how
to use and how to enjoy it. A nation may establish a free
government, but without municipal institutions it cannot have
the spirit of liberty.
Alexis de Tocqueville, Democracy in America (Chapter
V)
AUGUST 2004
In a regulatory takings case, the court's task is "to
distinguish the point at which regulation becomes so onerous
that it has the same effect as an appropriation of the property
through eminent domain or physical possession."
Williamson County Reg'l Planning Comm'n v. Hamilton Bank,
473 U.S. 172, 199 (1985)
JULY 2004
"Jefferson realized that the exercise of property rights
might so interfere with the rights of the individual that
the government, without whose assistance the property rights
could not exist, must intervene, not to destroy individualism
but to protect it."
Franklin D. Roosevelt: Commonwealth Club Address (Source:
New York Times, September 24, 1932).
JUNE 2004
"Property is that which is peculiarly yours, whether
it is your money, your wife, your children, your house, your
car, or your real estate."
Don Gerdts, Property Rights Council of America, in Albany
Times-Union, April 11, 1992
MAY 2004
The development of national institutions and global enterprises
does not lessen the importance of state and local governments.
If anything, it makes them all the more necessary. The very
impersonality of global trends and national bureaucracy will
leave state and local governments among the few places where
a sense of civic connection with governing institutions can
still be felt.
Judge J. Harvie Wilkinson, III, United States Court of Appeals
for the Fourth Circuit, Speech to the American Enterprise
Institute entitled "Is There a Distinctive Conservative
Jurisprudence?" (March 5, 2001)
APRIL 2004
"At last! We finally got to be number one. Praise the
Lord!"
Jack Shockey, president of Citizens for Property Rights, responding
to recent data showing formerly-rural Loudoun County, Virginia,
to be the fastest growing county in the nation.
MARCH 2004
"For the system to work as it should, the judges must
be perceived to be honest, to be without bias, to have
no tilt in the cause that is being heard."
Honorable Abner J. Mikva, Former Chief Judge, U.S. Court of
Appeals for the D.C. Circuit (criticizing FREE Seminars).
FEBRUARY 2004
"[T]he true test of federalist principle may lie, not
in the occasional constitutional effort to trim Congress'
commerce power at its edges, or to protect a State's treasury
from a private damages action, but rather in those many statutory
cases where courts interpret the mass of technical detail
that is the ordinary diet of the law."
Egelhoff v. Egelhoff (2001) (Breyer, J., dissenting)
(arguing that appropriate limits on preemption promotes federalism).
JANUARY 2004
"It is one of the happy incidents of the federal system
that a single courageous state may, if its citizens choose,
serve as a laboratory; and try novel social and economic experiments
without risk to the rest of the country."
New State Ice Co. v. Liebmann, 285 U.S. 262, 311 (1932)
(Brandeis, J., dissenting).
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