Article Title

Whose Democratic Vision of the Takings Clause? A Comment on Frank Michelman's Testimony on Senate Bill 605

Publication Title

Washington University Journal of Urban and Contemporary Law


My purpose here is not to defend Senate Bill 605, which in my view contains some serious deficiencies-albeit ones that are not identical to those identified by Professor Michelman. Rather my target is his larger condemnation of the property rights movement for its alleged absolutism which Michelman believes to be at cross purposes with our traditional system of constitutionalism.