Commentary As the Supreme Court’s recent Obamacare case illustrates, the justices no longer enforce most of the Constitution’s limits on the federal government. But a new property rights decision demonstrates how they are super-enforcing the Bill of Rights. First some background: The state and federal (pdf) governments inherited from Great Britain power to condemn (seize) private property for public use. This is called the power of eminent domain. In such cases, the British government typically granted financial compensation to the owner. The principle of compensation had been enshrined in the fourth (statutory) version of Magna Carta (1225). When James Madison proposed the Bill of Rights, he inserted the “Takings Clause” in the Fifth Amendment. The Takings Clause states, “[N]or shall private property be taken for public use, without just compensation.” This rule applies both to real property (land and buildings) and to personal property (movables). However, “public use” does not …