According to this Wall Street Journal articleSouth Dakota has just passed legislation to absolutely prevent eminent domain seizures for the purposes of “economic development.” Quite a few other states have bills or initiatives moving to do the same thing.
How are things looking here?
And if states can decide that the 5th Amendment means something different to them than it does to the Supremes when it comes to property rights, why not allow them to decide against federal definitions and control in many other areas? Or would the justices say that federalism is fine, but only if it doesn’t upset the great statist visions of the “liberals” too much? Is it all right for South Dakota to do its own thing regarding property rights, but not when it comes to labor law, for example?
