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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: RKV
"...sabotaged by the CAGOP mandarins."

And a lovely group it is, too. In league with a wealthy group of Orange County RINOs (the "New Majority"), the CAGOP is now nothing more than a Big Tent crammed full of RINOs/Liberals/Moderates, with conservatives dumped over the side, and supported by the White House and national GOP. They won't get another dime from me.

81 posted on 06/23/2005 3:07:16 PM PDT by Czar (StillFedUptotheTeeth@Washington)
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To: RockinRight
Can we IMPEACH SCOTUS justices???

'fraid not. Assuming they haven't committed any crimes or anything like that, they are there for life or retirement....
82 posted on 06/23/2005 3:10:08 PM PDT by MikefromOhio
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To: Carry_Okie; calcowgirl

Say calcowgirl could you put me on that ping list? Everytime I hear McClintock interviewed on talk radio, my respect for him grows. Like Carry_Okie I don't agree 100% with him, but I DO agree with him more than any other state politician, in any of the various states I have lived in.


83 posted on 06/23/2005 3:10:14 PM PDT by Betis70 (It's all fun and games till someone gets impaled with a Javelin)
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To: Czar

Tom wouldn't kiss their @ss#s.


84 posted on 06/23/2005 3:10:43 PM PDT by RKV ( He who has the guns, makes the rules.)
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To: MikeinIraq

They have committed a crime-against the Constitution of the United States of America.


85 posted on 06/23/2005 3:10:49 PM PDT by RockinRight (Conservatism is common sense, liberalism is just senseless.)
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To: calcowgirl

intruding on private property rights violates the u.s. constitution and is communist or fascist.


86 posted on 06/23/2005 3:11:04 PM PDT by ken21
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To: calif_reaganite

Keep me on the list. Tom McClintock is the most honorable elected official of our time.


87 posted on 06/23/2005 3:11:07 PM PDT by backtothestreets
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To: calif_reaganite; calcowgirl

BUMP BUMP BUMP

gettin' toasty down here! :-]


88 posted on 06/23/2005 3:12:56 PM PDT by kellynla (U.S.M.C. 1st Battalion,5th Marine Regiment, 1st Marine Div. Viet Nam 69&70 Semper Fi)
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To: RockinRight

you know what I mean...

good behavior is what the rules say.

A bad ruling doesn't equal bad behavior, nor should it. And it certainly doesn't to those that can remove a member of the SCOTUS.


89 posted on 06/23/2005 3:13:13 PM PDT by MikefromOhio
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To: MikeinIraq

Article III, Section 1 of the Constitution provides that judges shall hold their offices during "good behaviour." Depends on whether or not you define ignoring stare decis and the fundamental principles of legal interpretation as bad behavior or not. It seems evident to me that this ruling constitutes bad behavior.


90 posted on 06/23/2005 3:14:58 PM PDT by RKV ( He who has the guns, makes the rules.)
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To: calif_reaganite
I agree. If private property rights mean nothing, then in a few decades we will have socialism in this country. The SCOTUS Kelo decision puts us squarely down that path. Of course they do it first to benefit the rich and powerful. Sooner or later the government will go after them too. When will it stop? This country thanks to judicial lawlessness, is reaching the point of having our freedoms extinguished because there is no respect for the plain meaning of the restraints written into our Constitution.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
91 posted on 06/23/2005 3:16:07 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Czar
When it comes to private property, some of that same "lovely group" is on the taking side of the eminent domain argument. They need to be purged.
92 posted on 06/23/2005 3:16:16 PM PDT by calcowgirl
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To: Betis70

>>Say calcowgirl could you put me on that ping list?

Done!


93 posted on 06/23/2005 3:16:50 PM PDT by calcowgirl
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To: RKV

it might to me too. I havent read the entire decision yet. My opinion really doesn't matter that much in this case and neither does yours. Incidentally, we are not in the HoR or the Senate.

but AS I SAID, you don't want to be able to remove a justice because of a ruling. Think of what that could cause, if/when there is another Liberal Democrat in the WH. It will happen again.


94 posted on 06/23/2005 3:18:01 PM PDT by MikefromOhio
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To: MikeinIraq

No, but we should be able to impeach them for being non-constructionists. The very acceptance of the "living document" point of view is a violation of a SC Justices duty to defend the constitution.

All this would take is a very strong conservative majority in the House and Senate. Give us 10 more years...


95 posted on 06/23/2005 3:21:10 PM PDT by Dead Dog
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To: kittymyrib
So you are going to let Walmart take your house without a fight?

Of course not. I will do everything in my power to prevent Walmart from taking my house. Just off the top of my head, I might do some of the following: organize the neighbors to picket, use the local media to raise hell, and find all kind of legal delay tactics to make Walmart uncomfortable enough to leave us alone.

Of course, there are certain things that I might do that I cannot post here. Just be aware that I'm a strong supporter of the Second Amendment.

And if you have any other ideas, please let me know. If there is petition to be signed asking the US Congress to correct this decision with federal legislation, I will be there to sign.

My US Congresswoman and my US Senators will hear from me.

96 posted on 06/23/2005 3:21:36 PM PDT by george wythe
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To: Arkinsaw
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.

Not that that prevents FEDERAL theft.
97 posted on 06/23/2005 3:21:45 PM PDT by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
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To: RKV

I wish we had him instead of Arnold


98 posted on 06/23/2005 3:22:44 PM PDT by clamper1797 (Advertisments contain the only truths to be relied on in a newspaper)
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To: calif_reaganite; RKV; ConservativeMan55; redgolum; janetgreen; justshutupandtakeit; Arkinsaw; ...

I see even more sinister possibilities for this ruling. At the least, it gives developers who have sympathetic politicians an open hand to grab assets. At an extreme is the possibility that foreign investors, or governments, can buy front companies and operate from behind the scenes to seize property from American citizens. Again, sympathetic politicians will go along because it creates "Taxes" and "Jobs." This is a terrible ruling and I hope every Free Republic member, and all conservatives get together to back this initiative.


99 posted on 06/23/2005 3:22:48 PM PDT by Enterprise (Coming soon from Newsweek: "Fallujah - we had to destroy it in order to save it.")
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To: Enterprise

McClintock for President!!


100 posted on 06/23/2005 3:23:25 PM PDT by RockinRight (Conservatism is common sense, liberalism is just senseless.)
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