The focus of many of the contests for the US Senate was approval of President Bush's judicial nominees. The judiciary will play a determining role with regard to land and natural resources, real estate and private property. In recent years, the judiciary has partially revived the takings clause of the Fifth Amendment to the US Constitution. Today, regulatory takings that substantially diminish the value of private property are supposed to involve compensation for the building owner and landowner.

Yet, much of the panoply of government in our country is reluctant to embrace this ruling. Property owners must still deal with hordes of bureaucrats, many of whom seem to have nothing better to do than devise new ways around this ruling. With expedited consideration of judicial nominees, the takings clause can become truly invigorated.

With regard to urban real estate, many of our center cities feature both high taxes and poor municipal services. With increasing numbers of middle-class blacks now fleeing to the suburbs, it is clear the problems of the center city go beyond the residue of racism in our country. Failing public schools, lax law enforcement, corruption and a culture of suspicion of those who work, own property and start businesses, make many of our center cities unviable. These are matters that cannot be adequately addressed from afar, nor from the bench, but must be addressed in the state and local governments.