Mortgage And Real Estate News

Monday, February 15, 2016

Scalia and constitutional property rights

When Antonin Scalia joined the Supreme Court in 1986, property rights were definitely the "poor relation" of constitutional law. Most judges, including even many conservatives, believed that the courts should largely stay out of property rights issues. Justice Scalia did much to change that. During his thirty years on the Court, he helped lead a revival of judicial protection for constitutional property rights. But he also missed a valuable opportunity to link that revival to the originalist approach to constitutional interpretation that he forcefully advocated on other issues.


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