Sunday, June 26, 2005
I don't own my own home
Forget the outrageous Patriot Act. The other day the Supreme Court in a 5-4 decision decided that one of the two basic reasons for government, the protection of property, is no longer valid.
For those who don't know what I'm talking about.....the Supremes handed down a ruling regarding a case that started in New London, CT. A group of homeowners with waterfront property had their homes claimed through the eminent domain process. Did the city want to put in a harbor that would increase revenues? a new highway? No, private developers wanted the land to build private businesses including a hotel (and I'm sure a Starbucks was part of the plan) The government was going to seize private property from one group and give said property to private companies so they could make money. For a more complete story http://en.wikipedia.org/wiki/Kelo_v._New_London
I was sure that the Court wouldn't allow this to happen to US citizens and their property. One of the main causes of the American Revolution was the British refusal to respect the property rights of the colonists. Feeling regarding the seizure of private property for government use was so strong that the Founding Fathers wrote the 5th Amendment. How could people who are sworn to uphold the Constitution do this?
As a further shock to the system....the 5-4 decision came down along ideological lines...and I agreed with Justices Scalia and Thomas!! It was the more liberal wing of Souter, Kennedy, Ginsberg, Beyer, and Stevens that did this. Many ideological liberals are in knee-jerk fashion blaming the traditionally pro-business conservatives for this decision. No, its the group that protects the rights of rapists, murderers, and terrorists that wants to hang poor/middle class families out to dry if a company decides to build where their homes are.
Some states do offer protections in their own state constitutions...more about them next time (and what to do if your state is not on the list!)
For those who don't know what I'm talking about.....the Supremes handed down a ruling regarding a case that started in New London, CT. A group of homeowners with waterfront property had their homes claimed through the eminent domain process. Did the city want to put in a harbor that would increase revenues? a new highway? No, private developers wanted the land to build private businesses including a hotel (and I'm sure a Starbucks was part of the plan) The government was going to seize private property from one group and give said property to private companies so they could make money. For a more complete story http://en.wikipedia.org/wiki/Kelo_v._New_London
I was sure that the Court wouldn't allow this to happen to US citizens and their property. One of the main causes of the American Revolution was the British refusal to respect the property rights of the colonists. Feeling regarding the seizure of private property for government use was so strong that the Founding Fathers wrote the 5th Amendment. How could people who are sworn to uphold the Constitution do this?
As a further shock to the system....the 5-4 decision came down along ideological lines...and I agreed with Justices Scalia and Thomas!! It was the more liberal wing of Souter, Kennedy, Ginsberg, Beyer, and Stevens that did this. Many ideological liberals are in knee-jerk fashion blaming the traditionally pro-business conservatives for this decision. No, its the group that protects the rights of rapists, murderers, and terrorists that wants to hang poor/middle class families out to dry if a company decides to build where their homes are.
Some states do offer protections in their own state constitutions...more about them next time (and what to do if your state is not on the list!)