Political Quotes

“For all their professed commitment to federalism, congressional Republicans frequently seem eager to pass laws dumping quintessentially local matters into federal courts. The latest such effort is the Property Rights Implementation Act of 1998, which the Senate is now poised to consider. A version of this bill was already passed by the House of Representatives; it was a bad idea then, and it's no better now. The principal component of the proposal would give property owners quicker access to federal courts in their disputes with local governments over contrasts on the use of private land. The takings clause of the Fifth Amendment forbids governments to take private property without providing just compensation, and battles over such local matters as zoning sometimes erupt into takings clause litigation. Traditionally, federal courts have not deemed takings claims ripe for review until avenues for negotiation with local officials are exhausted and plaintiffs have first sought compensation from state courts. The federal judiciary also has sought to avoid interpreting questions of state law in takings cases.”