PatriotPartner brought this Supreme Court ruling to my attention last night. This case involves a local government seizing private land and handing it over to a developer. So now eminent domain is allowed for seizure by developers for commercial interests?
From the WSJ:
That protection was immensely diminished by yesterday’s 5-4 decision, which effectively erased the requirement that eminent domain be invoked for “public use.” The Court said that the city of New London, Connecticut, was justified in evicting a group of plaintiffs led by homeowner Susette Kelo from their properties to make way for private development including a hotel and a Pfizer Corp. office. The properties to be seized and destroyed include Victorian homes and small businesses that have been in families for generations.
Kelo v. New London – via Associated Press
Pardon me, but I believe that the Fifth Amendment is pretty clear about this:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Our Founding Fathers felt very strongly about this as they came from European monarchies that stole land from the peasants without regard or notice. They specifically wanted to prevent this which is why it became a topic for one of the First Ten Amendments.
“The small landholders are the most precious part of a state.” — Thomas Jefferson
“The political institutions of America, its various soils and climates, opened a certain resource to the unfortunate and to the enterprising of every country and insured to them the acquisition and free possession of property.” –Thomas Jefferson
Jefferson even warned that “The natural progress of things is for liberty to yield and government to gain ground” when talking specifically about the takings of private property.
DowntownLad has an even more insightful posting: The Slaughter-Rights Case.
We definitely need a REAL Conservative Court…. can anyone deny now that Liberals and ConservsInNamesOnly on the Court are looking to create laws, not interpret the Constitution?
-Bruce (GayPatriot) — firstname.lastname@example.org