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Statement of Tom McClintock on SCOTUS Decision in Kelo (To introduce Constitutional Amendment)
Hon. Tom McClintock | June 23, 2005 | Hon. Tom McClintock

Posted on 06/23/2005 1:54:47 PM PDT by calif_reaganite

Senator Tom McClintock released the following statement on the United States Supreme Court decision in Kelo v. City of New London, Connecticut.

McClintock to introduce an amendment to the California Constitution to restore the original meaning of the property protections in the Bill of Rights

“Today the U.S. Supreme Court broke the social compact by striking down one of Americans’ most fundamental rights. Their decision nullifies the Constitution’s Public Use clause and opens an era when the rich and powerful may use government to seize the property of ordinary citizens for private gain.”

“The responsibility now falls on the various states to reassert and restore the property rights of their citizens. I am today announcing my intention to introduce an amendment to the California Constitution to restore the original meaning of the property protections in the Bill of Rights. This amendment will require that the government must either own the property it seizes through eminent domain or guarantee the public the legal right to use the property. In addition, it will require that such property must be restored to the original owner or his rightful successor, if the government ceased to use it for the purpose of the eminent domain action.”

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TOPICS: News/Current Events; US: California
KEYWORDS: california; eminentdomain; freedom; judges; kelo; mcclintock; privateproperty; propertyrights; scotus; tyranny; tyrrany
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1 posted on 06/23/2005 1:54:48 PM PDT by calif_reaganite
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To: calif_reaganite

My State Senator - Tom McClintock. Wish we had many more like him.


2 posted on 06/23/2005 1:56:15 PM PDT by RKV ( He who has the guns, makes the rules.)
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To: calif_reaganite

bump for McClintock.

Standing up for private citizens.


3 posted on 06/23/2005 1:56:22 PM PDT by ConservativeMan55 (DON'T FIRE UNTIL YOU SEE THE WHITES OF THE CURTAINS THEY ARE WEARING ON THEIR HEADS !)
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To: calif_reaganite

A start. To bad it wouldn't hold up in court.


4 posted on 06/23/2005 1:56:27 PM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: calif_reaganite

The Supreme Court decision is OUTRAGEOUS. Thank you, Mr. McClintock, for speaking up for our rights.


5 posted on 06/23/2005 1:58:41 PM PDT by janetgreen
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To: ConservativeMan55


We're gonna need to take from you for the common good.
6 posted on 06/23/2005 1:59:08 PM PDT by ConservativeMan55 (DON'T FIRE UNTIL YOU SEE THE WHITES OF THE CURTAINS THEY ARE WEARING ON THEIR HEADS !)
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To: redgolum

I don't believe you have any grounds for maintaining that this proposal would not hold up in court. Some states already have similiar protections. Remember the picture of the little house surrounded by a multi-story luxury hotel because the little old lady wouldn't sell and they couldn't take it. New Jersey maybe, I can't remember where it was for sure.


7 posted on 06/23/2005 1:59:42 PM PDT by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: calif_reaganite

Luckily the Arkansas constitution is more strict than the US Constitution apparently is imagined to be and my state will have a little harder time. Unless the legislature and courts decide to even things up....which is definitely a possibility.


8 posted on 06/23/2005 2:01:16 PM PDT by Arkinsaw
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Sorry, but I don't support amending the US constitution every time the SCOTUS screws up.

We can either elect US Senators and Presidents who will appoint and approve common sense justices, or we can just keep on accepting the SCOTUS ignoring constitutional law.

California needs to elect two commonsense Senators instead of those weirdos, Boxer and Feinstein.

9 posted on 06/23/2005 2:02:56 PM PDT by george wythe
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To: redgolum
A start. To bad it wouldn't hold up in court

I believe it would. The USSC ruling doesn't demand that states play fast and loose with property rights.....it just says they can. If they decide not to they can do that.
10 posted on 06/23/2005 2:02:57 PM PDT by Arkinsaw
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To: RKV

Too bad he didn't become CA governor...he'd make a good one. And a good President someday too...perhaps in 2016 we could have a Ken Blackwell/Tom McClintock ticket...


11 posted on 06/23/2005 2:03:00 PM PDT by RockinRight (Conservatism is common sense, liberalism is just senseless.)
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To: george wythe

Can we IMPEACH SCOTUS justices???


12 posted on 06/23/2005 2:03:32 PM PDT by RockinRight (Conservatism is common sense, liberalism is just senseless.)
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To: calif_reaganite

I've always liked Tom, and I still do.


13 posted on 06/23/2005 2:04:45 PM PDT by B Knotts
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To: RockinRight

I didn't vote for Arnie. Things have gotten better, but more because of the general economy than because of AS. Arnie is STILL a RINO IMO.


14 posted on 06/23/2005 2:05:00 PM PDT by RKV ( He who has the guns, makes the rules.)
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To: george wythe
Sorry, but I don't support amending the US constitution every time the SCOTUS screws up.

Then read it again. He's proposing amending the CALIFORNIA Constitution.

15 posted on 06/23/2005 2:05:44 PM PDT by Carry_Okie (The environment is too complex and too important to be managed by central planning.)
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To: calif_reaganite

Good job, Tom!


16 posted on 06/23/2005 2:06:31 PM PDT by PRND21
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To: calif_reaganite

A flag hung upside down is an indication of a ship in distress. The flag in my front yard is now upide down. My ship of state is in distress. If all propery owners who fly the flag would do this, it is a demonstration that could NOT go unnoticed.


17 posted on 06/23/2005 2:06:59 PM PDT by Roccus (Quando Omni Flunkus Moritati)
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To: RockinRight

“Today the U.S. Supreme Court broke the social compact by striking down one of Americans’ most fundamental rights. Their decision nullifies the Constitution’s Public Use clause and opens an era when the rich and powerful may use government to seize the property of ordinary citizens for private gain.”
-----
It is a favorable sign that this obscence judgement from the Socialist Court, is recognized an not only FLAWED but wholly unConstitutional -- it is clear that the battle is going to come down to a fight between Socialists and Constitutional conservatives (REAL AMERICANS)....the fight is coming - it has to.


18 posted on 06/23/2005 2:07:13 PM PDT by EagleUSA
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To: justshutupandtakeit
Part of me is just being a pessimist today, but look at the recent court rulings. The SCOTUS has decided it can and will ignore state laws (the recent marijuana case).

A municipality would have to sue the state in federal court (Kind of hard), but the big trick would be to get a test case.

I do remember that case in New Jersey.
19 posted on 06/23/2005 2:08:09 PM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: redgolum

it would hold up actually, but having to restore property rights for non-public use in a battle across every state - alot of people are going to fall short. governments want this power.


20 posted on 06/23/2005 2:10:00 PM PDT by oceanview
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