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.)
The Kyle Anzalone Show: Trump Meeting in Situation Room to Decide on Iran Deal
A deal with Iran sounds simple until you read the fine print. We dig into the reports of a memorandum of understanding that would reopen the Strait of Hormuz and lift parts of the pressure campaign, then ask the uncomfortable question: is this “freedom of navigation,”...
