Excellent summary statement of the distinction between traditional eminent domain versus the Kelo mutation. This is what distressed me so much during the NH debate. Trump was conflating the old and the new as if they were the same. They are not. Addressing a tangible public need, energy for example, through a quasi-governmental use of private actors falls within the traditional meaning of the “public use” clause. Kelo using municipal power to destroy homestead dwellings of good quality, on the empty speculation that maybe different private owners would raise more taxes, was a serious deviation from “public use” as previously understood.
It really attacks the 5th Amendment by removing the takings clause from its common law context, which was foundational to the American idea of freedom, that we could protect our property from seizure by the government unless certain stiff criteria were met. Under Kelo, a man’s home is no longer his castle. It’s just a rental unit that can be taken by the government for virtually no reason at all. Kelo is a product of the New Deal derogation of private property, a success story for a progressive theory of the power of the collective over the private individual. That any candidate claiming to be conservative supports Kelo reflects that either A) the candidate does not understand the Constitution well enough to protect it, or B) they understand the progressive roots of Kelo and are comfortable with the loss of individual liberty Kelo represents.
Peace,
SR
Thank you both for the discourse.
Trump made the lady an offer for the house and she refused to sell.
The city took her to court arguing that the house was a blight on the neighborhood, but she won and kept the house.
I fail to see the problem here. Trump had a legitimate business interest in the expansion of his hotel. As president, this is not an issue that will ever come across his desk.
I do have a problem however with the Cruz ad showing Trump bulldozing the old lady’s house. The ad is obviously a lie and Cruz is obviously dishonest. He did approve that “message”.