Cato Supreme Court Review, 2001-2002 (Cato Supreme Court by Roger Pilon, James Swanson

By Roger Pilon, James Swanson

This new annual evaluation from Cato analyzes the 2001/2002 perfect courtroom time period, in particular crucial and much achieving instances of the yr.

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Fed. Mar. Comm’n, 243 F. 3d 165, 173 (4th Cir. 2001). Id. at 174. 33 CATO SUPREME COURT REVIEW sovereign immunity is invoked, purportedly to reinforce the doctrine of federalism, it belies the Framers’ design and constricts rather than enlarges personal liberty. That proposition is especially pertinent when immunity is expanded to cover cases outside the textual bounds of the Eleventh Amendment. More specifically, I offer these observations: First, the Constitution would be a more liberating document if the Eleventh Amendment, notwithstanding its common law roots, had never been ratified.

Fed. Mar. Comm’n, 243 F. 3d 165, 173 (4th Cir. 2001). Id. at 174. 33 CATO SUPREME COURT REVIEW sovereign immunity is invoked, purportedly to reinforce the doctrine of federalism, it belies the Framers’ design and constricts rather than enlarges personal liberty. That proposition is especially pertinent when immunity is expanded to cover cases outside the textual bounds of the Eleventh Amendment. More specifically, I offer these observations: First, the Constitution would be a more liberating document if the Eleventh Amendment, notwithstanding its common law roots, had never been ratified.

At 413. A rule that required compensation for every delay in the use of property would render routine government processes prohibitively expensive or encourage hasty decision-making. 30 That passage is equal parts of common sense and intellectual panic. Note his mixing of categories. The last examples involve clear police power restrictions pertaining to health and safety. With those, the nature of the necessity limits the duration of the intrusion, and the grounds for intrusion certainly do not favor those who have built over those who have not.

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