The ‘Originalism’ of what was contemplated by the Constitutional scriveners was at least modified by the Fourteenth Amendment with regard to State activity. The Karl Spence comment written for American Greatness describes how an originalist court would have responded to Kelo by probably not reviewing the case. However, the originalist court would have to deal with a Fourteenth Amendment. The question is one of whether the Fourteenth Amendment intended to apply to Public Use and Just Compensation clauses to Stated activity.
The argument takes one back to a determination of whether there are “private property rights” which are placed on a different place than limitations created by the refusal to allow government interference with other personal rights and liberties. Are the First Amendment Freedoms so far different from general protections contemplated? Is there a Right to Privacy which shall act as a limitation on State activity?
In any event, the Spence note offers an interesting and thoughtful perspective.