Federalism and Takings Law Do Not Blend

By: Michael M. Berger
– Daily Journal

"Don’t get me wrong, some of my best friends are Federalists. The problem that I have with the concept of federalism is the tendency of some of its fans to enlist it in analyzing regulatory takings cases. The way that happens is that they insist that intonation of the doctrine is sufficient to banish regulatory takings cases to state courts, making property owners with Fifth Amendment takings claims the only victims of Bill of Rights violations who are barred from federal courts for vindication of their federal constitutional rights."

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