Posted on 06/24/2005 9:19:29 AM PDT by CHARLITE
June 23, 2005 saw the end of Amendment V to the US Constitution. Although this profound occurrence has been mentioned by our mainstream press, I have been shocked that it hasn’t been more vigorously reported and pursued. This decision undermines the very fabric of the United States of America. These are not “dramatic for the sake of drama” statements. This is what has actually occurred. The Amendment V clause to which I am referring is: “…nor shall private property be taken for public use, without just compensation.” Five individuals have decided that “public” now means “private”. Thursday’s 5-4 SCOTUS ruling, says that if cities believe that a private developer can erect structures that will raise more tax revenues than citizen-owned homes and/or businesses, these homes and businesses can be condemned and confiscated by the cities.
The public use portion of the clause has now been effectively extended to include private use. The “American Dream” of home ownership is now effectively dead, or at the very least has turned into a nightmare. This SCOTUS ruling now allows the seizing of private property by any extremely wealthy developers who want to seize anyone’s land and can propose a project for a city’s ‘increase in tax revenues’.
The case upon which the US Supreme Court based its decision included the planned demolition of 15 privately-owned homes in the Fort Trumbull area of New London, Connecticut. A private developer initially planned to build an office complex and a $350 Million research center adjunct to the nearby Pfizer pharmaceutical company. Therefore, in 2000 the City of New London condemned the privately held homeowners’ properties in order to make way for the private developer’s plans. Until Thursday, the case had been in litigation, had worked its way through the Connecticut court system and finally reached the US Supreme Court. SCOTUS agreed to hear the case, leading to Thursday’s ruling, which has now dismantled the 5th Amendment.
In its ruling that Eminent Domain’s public use clause actually includes private use (if the ‘private users’ have enough money), the US Supreme Court has now given cities and municipalities virtually unlimited latitude in deciding whose properties may be taken. Privately owned properties can now be appropriated at will. This is the most prime example of judiciary activism, to date. For the sake of the inordinately wealthy, our Supreme Court has done away with property ownership for the many to place it into the hand of the few. In essence, these SCOTUS activists have bypassed Socialism, altogether, and rendered the decision that takes us firmly and inevitably into Communism…with the stroke of a pen.
Does anyone remember why our founders and ancestors fought the American Revolution? It was not just about tea. It was about the inherent rights of individuals’ and a country’s self-determination that included, at its base and within its foundation, private property ownership; ownership that would no longer be given or taken away by a king. Now, however, it can be taken away by activist judges. The ramifications of this decision are as wide-sweeping as is our country. If there is the possibility of its being stolen by the “state”, why would anyone (except the extremely wealthy and the politically-connected) purchase property? It would appear that most of the American people do not yet realize the grave implications of this Supreme Court decision. It affects each and every US citizen, dissolves the primary reason the country was founded and both destroys and eliminates the reason for the establishment of our Republic. If our property can be taken at will, we no longer have any ‘representation’ at all. And the Republic’s destruction has come from the hands of 5 people in black robes.
About the writer: Sher Zieve is an author and political commentator. Zieve’s columns are carried by Men’s News Daily, MichNews, US-News, WEBCommentary, Daley Times-Post, The Conservative Voice (for which she also writes hard news) and Conservative Tymes, amongst others. Her columns have, also, appeared in The Oregon Herald, The Dallas Times, Boston Star, Sacramento Sun and on multiple University websites. Ms. Zieve has many requests for interviews and has been a guest on Alan Colmes’ Radio Show.
As has become one of her trademarks, her commentary contains a fair amount (if not a plethora!) of sarcasm…dedicated to those on the wrong side of political discourse. Sher firmly believes that if Leftists ran the country (and left to their own inane devices), it would be the end of the United States as a sovereign nation.
Comments: szieve@zianet.com
Who cares? Nobody cares. Do you care? I don't care. Go back to sleep.
What about other than economic purposes? I mean, we are talking about the "public good", now. Are there any loopholes?
The 1968 Gun Control Act made it illegal for an ex-felon to own a gun even if the felony was 50 years before the law went into effect.
The big problem in our state isn't this kind of taking. It is that the federal government owns most of the state. Sweet deals between developers and the feds have been carried out here at the instigation of ostensibly conservative federal legislators. Just in time for the the Winter Olympics the owner of a ski resort worked out a deal where he swapped some of his land for federal land convenient to his resort. Critics have suggested that the land he gave to the feds appears to be nearly vertical and impossible to develop, and the land he got in this "fair" swap was prime, fully developable property.
This is a different (but related) issue, true, but it points up the need for private citizens to exercise caution and to look closely at underlying alliances when big sums of private money are involved in government actions. Principled decision-making tends to go out the window when big money comes in the door, regardless of the political affiliation of the parties involved.
Zing!
Thanks for the answer. I have yet to look up floridas law on this. Though, I'm told it does exist.
Include the 1st with CFR.
I am more picturing ohhh - the bong...errr...gong.
A.A.C.
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