I understand the point that Stephan has been making on Kelo, but I disagree in one key area: Stephan believes that the case was correctly decided on the basis of federalism, and even has said that even though SCOTUS did not make a direct appeal to federalism to decide the case, that was OK, since the court made the “right” decision. I have a problem with that. The court upheld the city of New London because it said that the city used a “formula” to determine if there was a projected benefit that justified the seizing of private property to … Continue reading Kelo, Federalism, and Private Property