The takings clause of the Fifth Amendment to the Constitution places a limit (just compensation) on an implied power (eminent domain) that is not listed in Article I, Section 8. Thus, James Madison was less than candid when he said the national government’s powers were “few and defined.” A constitution containing “powers by implication” (another Madisonian phrase) cannot be a constitution of few powers. (See my America’s Counter-Revolution: The Constitution Revisited.)
Rules for Radicals: A Word About Words w/John Weeks
John and I continue to read and comment on Rules for Radicals