Jul 12, 2019
The pursuit of extra-constitutional natural law theories makes for strange bedfellows.
Yesterday, I posted on how usage at the time of the Constitution might have employed the term private property to mean the type of property that private parties can own — and therefore governments might own private property. Seth Tillman of the National University of Ireland at Maynooth writes in to note that Justice Story’s famous concurring opinion in the 1819 Dartmouth College case described the property of a municipal (that is government) corporation as private property:
The pursuit of extra-constitutional natural law theories makes for strange bedfellows.