Acton Institute Powerblog

Supreme Court Update

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The Supreme Court is in the midst of its busy season. Important decisions recently handed down include the death-penalty case, Kansas v. Marsh, and the campaign finance case, Randall v. Sorrell.

Jonathan Adler offers an interesting analysis of the decision in a pair of cases, Rapanos v. United States and Carabell v. United States, which involved the the scope of the federal government’s regulatory jurisdiction over wetlands.

Given the Court’s ambiguous record of protecting private property rights (see Kelo), Adler’s conclusion is noteworthy: the decision itself was the right one, but the split opinions indicate further ambivalence concerning property rights. The issue is significant for both environmental conservation and property rights: Because state and local governments (and private owners) usually are more effective conservationists than are sweeping federal laws, the limitation of federal jurisdiction helps on both fronts.

Kevin Schmiesing Kevin Schmiesing, Ph.D., is a research fellow for the research department at the Acton Institute. He is a frequent writer on Catholic social thought and economics, is the author of American Catholic Intellectuals, 1895-1955 (Edwin Mellen Press, 2002) and is most recently the author of Within the Market Strife: American Catholic Economic Thought from Rerum Novarum to Vatican II (Lexington Books, 2004). Dr. Schmiesing holds a Ph.D. in American history from the University of Pennsylvania, and a B.A. in history from Franciscan University ofSteubenville. Author of Within the Market Strife and American Catholic Intellectuals, 1895—1955 (2002), he serves as Book Review Editor for the Journal of Markets & Morality. He is also executive director of CatholicHistory.net.

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