Is Alberto Gonzales Weak on Private Property Rights? YES!!!

The link for finding Gonzales outspoken criticisms of fellow Judges Rogers Brown and Priscilla Owen is:

Gonzales is WEAK on PRIVATE PROPERTY RIGHTS. two examples: 1) While he was WH Counsel, the WH sided with the City of New London on the Kelo case, or refused to join on Kelo's side in an amicus brief.

Secondly, a quick search found this case where Gonzalies joned the majority in SHARPLY opposing Janet Rogers Brown's dissent (they were both on the Texas Supreme Court at the time) (Source: People for te American Way, via Google search):

Gonzales joined a 6-3 ruling by Justice Baker that struck down a state law that allowed certain private landowners to exempt themselves from municipal water-quality and other environmental ordinances by creating their own "water quality protection zones." The majority ruled that the law constituted an unconstitutional delegation of legislative authority to private individuals. Owen wrote a vigorous dissent claiming that the majority’s opinion "strikes a severe blow to private property rights." Id. at 889. The majority specifically criticized Owen’s dissent, explaining that most of it "is nothing more than inflammatory rhetoric," and that "the two legal arguments Justice Owen does make are both based on a flawed premise." Id. at 877 (emphasis added).

Thanks for your comments.

It is great to see Americans so aware of, & energized in defense of, private property rights by addressing threats, this terrible precedent (Kelo v. New London), and becoming aware of the downside of activist Judges. I have been concerned with both of these related issues for about a decade. I even had brief, separate, conversational encounters with two of the "good" Justices (Scalia & Thomas) in the Kelo case about 6 or 7 years ago re: "The Takings Clause" of the 5th Amendment designed to protect private property from arbitrary seizures, but providing for Eminent Domain for certain "public use" (NOT "public purpose") . It was clear they were anxious to see some good cases walk toward them. I doubt if they would have predicted the bizarre outcome in Kelo, though.

For those of us who are deeply concerned with protection of Private Property from improper application of Eminent Domain in contravention of the Original Intent of the Founders in the 5th Amendment's Takings Clause, I am registering a warning or a concern:

I think AG (& potential USSC Nominee) Alberto Gonzales is very weak on Private Property Rights and lacks an understanding of orignainl intent of the 5th Amendment's Takings Clause (Eminent Domain) based both upon some cases when he ws at the texas Supreme Ct. (e.g., FM Properties Operating Co. v. City of Austin, 22 S.W.3d 868 (Tex. 2000))

and, more recently and significantly, upon his NOT having joined in the Kelo case on the side of property owner. My understanding ws that he had sided with the League of Cities against Kelo while WH Counsel.

As some have frequently observed, he certainly believes in a "Living Constitution" and is NOT a strict constructionist or an Originalist, but rather tends toward the Activist side, per National Review Online and others.

He has been sharply critical of Priscilla Owen in some Texas Supreme Ct. decisions when they were both on that Ct. as Justices, and he has been quoted as being sharply criticial fo Janice Rogers Brown, including being quoted by People for the American Way in their ultra-leftist propaganda.

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