George,
I agree with your point regarding excessive
deference when it comes to property and economic rights. This is
a point that I made (or tried to make) at last week’s panel discussion
on Kelo and property rights in NC. The U.S. Supreme Court gives
significant deference to local governments and legislators to define
what constitutes a proper “public use.” This is
ridiculous. It is like giving significant deference to the police
to define what constitutes a “reasonable search and seizure” under the
Constitution.
