“Uncompensated emancipation suggests not that the Founders’ Constitution is being changed but that it is being repudiated – claims based on slavery are as invalid as claims based on rebel debt. Uncompensated emancipation is of course also a feature of the Emancipation Proclamation – and the Takings Clause issue is one of several reasons to think that the Emancipation Proclamation is unconstitutional under the Founders’ Constitution.”
