Category: Fifth Amendment

The antidote to majoritarianism: Part 2, There are outer limits

12 February, 2015 (09:00) | Apartments, Constitution, Fifth Amendment, Housing, Law, Local issues, Markets, Rent control, Rental, San Francisco, Takings, US News |

[Continued from yesterday’s Part 1.] By: David A. Smith As we saw in yesterday’s Part 1, essential to democracy is the protection of minority rights against the majoritarian impulse to rewrite the rules by increments, and as property rights are human rights, they must be protected by an entity or branch of government that stands […]

The antidote to majoritarianism: Part 1, On its face fails both tests

11 February, 2015 (10:00) | Apartments, Constitution, Fifth Amendment, Housing, Law, Local issues, Markets, Rent control, Rental, San Francisco, Takings, US News |

By: David A. Smith In case of emergency, think for yourself Once a society has decided that a particular group of people is morally guilty against the public interest, it can and often will embark on a series of exactions, each of which it justifies as necessary to ‘level the playing field,’ ‘correct historical inequity,’ […]