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Originally Posted by JayTeeMe
m2b seemed to be thinking that people that wanted "small government" desired all-powerful governments that ruled over small geographic areas, which afaik, nobody wants. Apologies if I missed some context or something.
The main thrust of small government arguments has been to push for localized control over monolithic federal authority. The Supreme Court in Kelo was allowing exactly what libertarians and other small government types have been arguing for by deferring to the judgement of locally elected officials. Perhaps that isn't what you support, fine. If the proposition you support, however, is that "small government" means a government that has very limited power to affect your property rights, then Kelo, a case in which the government had to provide just compensation to the land owners involved before those land owner's property rights could be taken, is a strange banner to be raising for your cause.
You should be arguing against state police powers instead of the takings clause. Euclid v. Ambler gives the state incredibly broad authority to take away your property rights without compensating you at all.
Edit: And the level of deference given to authorities making zoning decisions is higer than for the takings clause, too.
Last edited by Money2Burn; 09-01-2014 at 02:13 PM.