United States v. Causby

Dissenting in this case was Justice Black, joined by Justice Burton. "The concept of taking property as used in the Constitution has heretofore never been given so sweeping a meaning," Black groused. He anticipated a future in which air traffic would play an increasingly intrusive role in the everyday lives of citizens. "[T]he solution of the problems precipitated by these technological advances and new ways of living cannot come about through the application of rigid constitutional restraints formulated and enforced by the courts," Black wrote. Only legislative bodies, he argued, possessed the wisdom and the flexibility to devise solutions to these problems.