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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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To: SierraWasp
“The establishment of an American Soviet government will involve the confiscation of large landed estates in town and country, and also, the whole body of forests, mineral deposits, lakes, rivers and so on.”
    - William Z. Foster, National Chairman of the Communist Party,
        restating point one of the Communist Manifesto in 1932,
       “The abolition of private property.”

161 posted on 06/23/2005 6:08:09 PM PDT by calcowgirl
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To: SierraWasp; Grampa Dave

I don't remember Grampa Dave posting, and look forward to his comments as well.

GD--I think you need to be added to my McClintock ping list! (let me know if you want on).


162 posted on 06/23/2005 6:10:06 PM PDT by calcowgirl
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Comment #163 Removed by Moderator

To: goldstategop
then in a few decades we will have socialism in this country.

We have HAD socialism in this country for decades ...

The Socialist Party of the US has been systematically - and excruciatingly successful at - infiltrating the gov't in all areas - particularly in the halls of the Congress, Senate, Supreme Court, all other courts, academia, media - ...

This has been, is, with malice aforethought while visions of world rule dance in their heads.

Too many of us hide, heads buried deep in the sand - or another place - while they roll over us and our freedoms - "for own good."

We need to remember that it only took about 7% of the Russian population as card carrying Communists to take over and rule the country.

It is not a numbers game, like in voting. It is the meanest gang on the block being allowed to bully and rule the neighborhood, while many of us - and our leaders, like FRIST, I am afraid, tsk tsk, and wait, hopefully, for the sun to come out.

The dems are having a ball, bullying and running out the clock for the end game at Sept 2006.

Frist and others cow tow, tsk tsk, shake their heads and shrug their shoulders while time is ticking away and the minority party rules. Three golden years have been thrown away - now the weakest and last year is winding down.

It doesn't take much of a stretch to surmise that Frist and others have a blackmail hammer - via stolen FBI files - hanging over their heads. Thus are they rendered impotent. And thus are our rights and freedoms and country being subverted.

I am adamant in my conviction that we need to Make Frist step down and start getting people into power positions that have bee elected SINCE the FBI files theft.!

the Achilles heel of the Republican Party has always been, by my observation and experience, the practice of appointing people to leadership posts, not according the their convictions or abilities - but more by the rule of : "It's their 'turn."

We need to seek out the best, not the 'next". We need to compile a list of our leaders who have been elected SINCE "Filegate" -

indeed, since the Clintons were out of the White house, if possible - and identify those with backbone and true conservative hearts and minds. We must do this NOW - there is no time to finger twiddle.

It's time for the Pahjamahadeen to saddle up an sound the battle cry again. We remain silent at the certain results of loosing our freedoms... and will be left as guilty as the jellyfish in Washington.

Can we get a committee going?

We need a list of post-filegate leaders.

We need to make a profile on each one of these.

We need to start promoting and contacting these as our new leaders.

.We need to gently, but seriously and firmly let Frist know we want him to step aside...we need to demand, from others, that he does - but we need a name to promote as his successor ready in the gates.

We need to have our list of other seemingly compromised, spineless, leaders to replace at the same time.

We have not much time. We will need to ride at breakneck speed...

164 posted on 06/23/2005 6:35:22 PM PDT by maine-iac7 ("...BUT YOU CAN'T FOOL ALL THE PEOPLE ALL THE TIME." Lincoln)
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To: ConservativeMan55

Another "bump for McClintock"!


165 posted on 06/23/2005 6:49:31 PM PDT by shellshocked (Rule 308 trumps all other judges rulings.)
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To: ConservativeMan55

The gives me chills every time I see it.


166 posted on 06/23/2005 6:51:39 PM PDT by TheForceOfOne (My tagline is currently being blocked by Congressional filibuster for being to harsh.)
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To: JCEccles

thanks for the clarification


167 posted on 06/23/2005 7:09:41 PM PDT by Coleus (Free Republic: Home of the Keyboard Warriors)
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To: Boardwalk
A landlord would be certifiably insane to kick out a good renter! Granted, some of them are, but if you stick to a place run by a reputable property management company they will want you around, year after year, and the renter gets benefits that the home owner can only dream about!

not if the landlord can kick the Renter out and then get someone else on the property who will pay 100's more - duh.

When the landlord is gov't officials - and local ones seem especially susceptible to "puffed up power syndrome" and bribes - are unlikely to be 'honorable and above board" - the little guy will loose every time.

Further, the little guy is not going to have the money to fight the big guys lawyers and money all the way to the Supreme Court - where they would get their heads handed to them in a hand-basket anyway ...and this they ALL know.

this ruling is but a wolf in shabby wool - totally two-faced bunk

People trust these rulers and rulings at OUR peril...

these rulings put us in exactly the position the Native Americans experienced: They were pushed off ancestral lands to others places that were promised theirs " as long as the rivers ran and the grass grew." - Turned out to be as long it wasn't valuable to the gov't...or someone who saw gold or oil or timber or uranium or land for a golf course - and made the devil's deal with the gov't officials.

Are you aware that legally, constitutionally - legally binding treaties - about a third of this country still belongs to the Native Americans? (All verifiable in the Library of Congress) or that much of what is still acknowledged as their legal lands, individual holdings, are 'rented' to others - whether they like it or not - for stripping off all valuable assets , like timber, ore, or running cattle outfits - at pennies, and that even that money is not paid directly to the owner of the property, but the BIA - for the 'protection' of the owners - who are not considered capable of handling their own affairs in their own interests. (do I hear an echo of Hillary here?)

Better read up on the history of this country - it's about to be repeated

168 posted on 06/23/2005 7:10:51 PM PDT by maine-iac7 ("...BUT YOU CAN'T FOOL ALL THE PEOPLE ALL THE TIME." Lincoln)
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To: aQ_code_initiate

Mine too. Walked several precincts for McClintock. Met one (only one) person who favored Schwarzenegger. The rest said they thought McClintock was the better man, but that he couldn't get elected; they would vote for Arnold. Wonder what would have happened if everyone had voted their true preference.


169 posted on 06/23/2005 7:16:05 PM PDT by Ruadh (Liberty is not a means to a political end. It is itself the highest political end. — LORD ACTON)
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To: calcowgirl

Hooray for McClintock!

Thanks for the ping.

I hope he will get the support he needs to push it through.

I like to see him take this up.


170 posted on 06/23/2005 7:43:36 PM PDT by FairOpinion
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To: calif_reaganite; ConservativeMan55
Some may have trouble over definitions, such as the definition of "is".

How hard is it to legalize the definition of "city" making it a requirement for having a population of perhaps 100 billion before an organized social population may be called "city". Thus, the law of allowing "cities" the power to seize land won't be available until the entire world reaches 100 billion....

or, change the law to make "city" mean the population of 1 natural family or self-sustaining individual. Thus, the home or property owner governs (literally) their own "city" and no other "city" by over-step that "city's" jurisdiction.

It sounds ridiculous, but such is the nature of human leadership and justice.
171 posted on 06/23/2005 7:46:47 PM PDT by SaltyJoe ("Social Justice" begins with the unborn child.)
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To: RKV

It is time for a US Constitutional Amendment to protect property rights!!!!!!


172 posted on 06/23/2005 8:50:15 PM PDT by Laserman
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To: calif_reaganite
Today's decision ranks up there with the one allow the police use of traffic checkpoints to stop people minding their own business. Our Founding Fathers must be rolling over in their graves.
173 posted on 06/23/2005 9:17:22 PM PDT by ElkGroveDan (I'm sick and tired of being sicked and tired!)
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To: calif_reaganite

My hero!


174 posted on 06/23/2005 9:42:39 PM PDT by djreece ("... Until He leads justice to victory." Matt. 12:20c)
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To: calcowgirl


175 posted on 06/24/2005 3:10:50 AM PDT by E.G.C.
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To: tubebender

OMG!!! You caught me!!


176 posted on 06/24/2005 6:22:28 AM PDT by libstripper
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To: maine-iac7

These matters can be handled at the local level. It isn't Washington which is proposing these projects but the people elected with 20% of the vote in the elections no one cares about. Why look to Washington to save you when the solution is next door or down the block.


177 posted on 06/24/2005 6:25:23 AM PDT by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: Ghost of Philip Marlowe

There is no abuse at the federal level remotely comparable. Any property taken is paid for at market prices or above.

This is almost entirely a locally generated problem. It could be solved locally but too few people care enough to pay any attention until their ox gets gored.


178 posted on 06/24/2005 6:29:15 AM PDT by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: george wythe
"Sorry, but I don't support amending the US constitution every time the SCOTUS screws up."

I'm curious as to why. Certainly it's bad policy to try it every time, but if the legislative branch does not move to block judicial power from time to time with amendments, then the government becomes a judicial tyranny and the other two branches simply administrative adjuncts.
179 posted on 06/24/2005 6:31:36 AM PDT by SoCal Pubbie
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To: JCEccles

The feds handled these abuses decades ago with the Uniform Relocations and Property Acquisition Act which requires that those whose property is taken or impacted by a federally funded project be treated fairly and properly remunerated.


180 posted on 06/24/2005 6:32:36 AM PDT by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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