The Public Use Clause is Surplusage
Justice Kennedy's opinion also notes:
This Court has declared that a taking should be upheld as consistent with the Public Use Clause as long as it is "rationally related to a conceivable public purpose." Midkiff; see also Berman. This deferential standard of review echoes the rational-basis test used to review economic regulation under the Due Process and Equal Protection Clauses, see, e.g., FCC v. Beach Communications, Inc.; Williamson v. Lee Optical.My Federal Courts Professor thinks that the Equal Protection Clause in the Constitution is surplusage since only irrational discrimination violates it--legislation that would fail the Due Process Clause anyway. The Public Use Clause, under the Court's formulation in Kelo, is similarly surplusage.