Another libertarian who doesn’t get it. Brian Doherty’s piece on Kelo (pasted below, as this site requires registration) maintains, “A justice who believes in limits to government power is just what we need.” This is what centralist libertarians, and others who fail to recognize the importance of federalism and limited federal powers, repeatedly do: they refer to “the government” when speaking of what the federal courts can supervise. By wanting federal judges to “limit the government” or “governmental power”, one includes both federal and state governments. It makes sense for a federal judge to refuse to enforce an unconstitutional federal … Continue reading Doherty on Kelo