I must respectfully disagree with you. Even Justices Scalia and Thomas do not such a reading of the 5th amendment's takings clause that would constitute this bill a government taking. I do not believe that takings clause can be stretched so widely as to include this bill.
At no time in American history has the Supreme Court, even dating back to the begining of the republic, ever warped the 5th amendment in such a way.
"Warped?"
I am astounded with your use of this word.
The U.S. Constitution was meant to be a "limiting" document on the powers and jurisdiction of government in the lives a citizens: free citizens.
Why would not want to argue the "limiting" power of the 5th amendment from the presumption of liberty?
Why would not want to "expand" or "warp" the Bill of Rights towards more liberty and less government?