Johnson v. M’Intosh

• Jonathan Zasloff
• January 31, 2013

If the Constitution is Dead, where does that leave Takings?

Justice Scalia is getting a lot of attention for his comment that the Constitution is “dead, dead, dead”, but obviously he didn’t mean that the Constitution is no longer in effect.  (See?  Intent theory sometimes is helpful, Nino.).  Rather, he meant that the Constitution does not have a meaning that changes over time.  It has …

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