So the danger of conservative judicial activism has been averted for another year. Stay tuned.— Michael Kinsley
The most cheerful Michael Kinsley quotes that will add value to your life
It wouldn't be fair to say that conservatives cherish property the way liberals cherish equality. But it would be fair to say that the takings clause is the conservatives' recipe for judicial activism just as they say liberals have misused the equal protection clause.
Of course, conservatives always claim to be against judicial activism.
The "takings" clause of the Fifth Amendment is for conservatives what the equal protection clause of the 14th is for liberals.
In those days, the late 1970s, one of the leading politicians was a soon-to-be uncle by marriage of Arnold Schwarzenegger, named Ted Kennedy.
Among the social sciences, economists are the snobs.
Economics, with its numbers and graphs and curves, at least has the coloration and paraphernalia of a hard science. It's not just putting on sandals and trekking out to take notes on some tribe.
Many 'hard' scientists regard the term 'social science' as an oxymoron.
Science means hypotheses you can test, and prove or disprove. Social science is little more than observation putting on airs.
He's nice enough not to want to be associated with a nasty remark but not nice enough not to make it. Lacking the courage of one's nastiness does not make one nice.
In any event, the proper question isn't what a journalist thinks is relevant but what his or her audience thinks is relevant. Denying people information they would find useful because you think they shouldn't find it useful is censorship, not journalism.
If sexual intercourse, as the poets tell us, began in 1963, it was another decade and a half before the American political system began to take notice.
The logic is often far-fetched - how does medical marijuana affect interstate commerce? - and some conservatives would like judges to start throwing out federal laws wholesale on commerce clause grounds. The court once again said no thanks.
Americans don't want leadership. They want alchemy.
There is a deadening conformity in the culture of cyberspace in which we don't intend to participate.
The solution when you don't like someone's speech is not to silence that person, or that corporation. It's more and louder speech of your own.
If hypocrisy is the tribute vice pays to virtue, piousness is virtue paying tribute to itself.
What could be more absurd than the idea that genuine anti-Christian prejudice is a major force in American politics.
In recurring episodes over the next couple of decades, the minority view gradually won. A profusion of factors differentiates each case from the others, including naked partisanship on both sides, but the trend has been clear.
In 1977, at least, he wished to have people believe that he shared and was proud of an attitude toward women that is not acceptable in a politician. In 2003, all he has said is that he doesn't remember the interview.
Is there any other democracy where the voters are as spoiled as they are in the United States? Especially, of course, in certain states, such as Iowa and New Hampshire, where the old joke is literally true about the citizens who say they haven't yet formed an opinion about a candidate because they've only met the fellow a few times.
Journalistic conventions make it hard for reporters to deal with a big, complicated lie.
I have a saying: the scandal isn't what's illegal, the scandal is what's legal.
The definition of a gaffe is when a politician tells the truth.
They can't take your house and give it to the mayor's mistress, even if they pay you for it. But they can, apparently, take your house and tear it down to make room for a development of trendy shops and restaurants, a hotel and so on.
The case decided on Thursday, though, seemed promising to takings fans because it wasn't about compensation. It was about the requirement that any government taking must have a "public purpose."
Almost any government activity can also be seen as taking property "without just compensation." The basic model of an unconstitutional "taking" would be if the government threw you out of your house.
Conservatives and liberals alike have been waiting for this moment for a third of a century.
Anything that keeps a politician humble is healthy for democracy.
One answer is that the town's elected officials thought that the project served a public purpose and that the various subsidies and favors were worth the price. But they may or may not have thought this.
He hasn't said whether he remembers the episode itself - or, if he doesn't, whether that is because it never happened or because it happened too often to keep track. More important, he hasn't said what he thinks about it all from the perspective of 2003.
A Supreme Court decision that concessions of this sort were unconstitutional would have taken them off the table and actually increased the effective sovereignty of elected officials.
A gaffe is a politician inadvertently telling an inconvenient truth.