"The government now has license to transfer property from those with fewer resources to those with more," Justice O'Connor said. "The founders cannot have intended this perverse result."
Our founders? Perhaps O'Connor has been out of school for a little too long, but I suspect that quite a few Native tribes would suggest that our government, and our founders, were routinely in the business of taking land from private people (amazingly not citizens) to give to other private citizens. And that was without any compensation until hundreds of years later.
