House Votes To Undercut 5-4 Ruling On Property (Eminent Domain Takes Hit)

Washington Post ^ | 7/1/05

[linkinpunk]

House Votes To Undercut 5-4 Ruling On Property

Federal Funds Tied To Eminent Domain

By Mike Allen and Charles Babington

Washington Post Staff Writers

Friday, July 1, 2005; Page A01

The House voted yesterday to use the spending power of Congress to undermine a Supreme Court ruling allowing local governments to force the sale of private property for economic development purposes. Key members of the House and Senate vowed to take even broader steps soon.

/snip

The House measure, which passed 231 to 189, would deny federal funds to any city or state project that used eminent domain to force people to sell their property to make way for a profit-making project such as a hotel or mall.

/snip

The measure, an amendment to an appropriations bill, would apply to funds administered by the departments of Transportation, Treasury, and Housing and Urban Development. House Majority Leader Tom DeLay (R-Tex.) and Majority Whip Roy Blunt (R-Mo.) said they will push for a more inclusive measure that would apply to all federal funds.

/snip

Sen. John Cornyn (R-Tex.) introduced a similar measure and immediately drew a Democratic co-sponsor, Sen. Bill Nelson (Fla.), as well as Sen. Rick Santorum (R-Pa.), who is number three in his party's leadership. The House bill is sponsored by Judiciary Committee Chairman F. James Sensenbrenner Jr. (R-Wis.). Its Democratic co-sponsors include Reps. John Conyers Jr. (Mich.), Maxine Waters (Calif.) and Peter A. DeFazio (Ore.).

/snip

[linkinpunk]

I am glad to see the Republicans getting in front of this issue.

I could be the campaign cry for 2006 and 2008. (not to mention the battle for the judiciary)

[linkinpunk]

House Minority Leader Nancy Pelosi (D-Calif.) criticized the measure. "When you withhold funds from enforcing a decision of the Supreme Court, you are in fact nullifying a decision of the Supreme Court," she told reporters. "This is in violation of the respect of separation of powers in our Constitution."

[linkinpunk]

192 Republicans voted for and 31 against, with 39 Democrats voting for and 157 against. The lone independent, Rep. Bernie Sanders (Vt.), voted against.

[Tax-chick]

That's just so ... Democrat. SCOTUS rules that states or localities can use eminent domain to favor private development projects, and Pelosi thinks that means that the Federal government has to financially support "private" development projects. Boggles the mind.

[Peach]

We all need to contact our legislators that we support their efforts to overrule SCOTUS in this matter.

[beyond the sea]

Every 5-4 decision of the Supremes ought to be up for Congressional review! Every one.

Not that anyone in Congress has much integrity, but let's review these 5-4 decisions! There is too much at stake.

[Desdemona]

Amazing. Congress actually doing its job for once.

[beyond the sea]

Karla Marx Pelosi is brain-dead!

[beyond the sea]

Karla Marx Pelosi is brain-dead! --- that is what happens when you can't sleep for years because your eyes can't close.

[DrDavid]

Every 5-4 decision of the Supremes ought to be up for Congressional review! Every one.

Since this particular ruling went against the plain language of the Constitution, Congress should be looking to impeach 5 Supreme Court Justices.

[School of Rational Thought]

"...would deny federal funds to any city or state project that used eminent domain to force people to sell their property..."

Ah the irony. The federal government proposes to not provide funds, the funds themselves the product of a forced taking (taxes) to cities who practice forced takings.

[beyond the sea]

I hear you. F. Lee Levin (The Great One) even suggested perhaps six should be replaced the other day.

I love that man.

[bella1]

time to overthrow the SCOTUS

[B4Ranch]

In case folks want to encourage the Weare, N.H., selectmen who have the power to take Judge Souter's house by eminent domain so that it can be replaced by a higher-tax-paying hotel, here are the Selectmen's addresses.

---

Board of Selectmen in general: office@weare.nh.gov

The Chair is Laura Buono: lbuono@weare.nh.gov

Vice-Chair is Leon Methot: lmethot@weare.nh.gov

Heleen Kurk: hkurk@weare.nh.gov

Joseph Fiala: jfiala@weare.nh.gov

Donna Osborne: dosborne@weare.nh.gov

[sgtbono2002]

Nancy doesnt seem to mind that the Judicial is using their powers to make law, in violation os separation of powers.

Does she ever say anything smart?

[School of Rational Thought]

Pelosi understands that the leftists have been presented a gift by the US Supreme Court.

The left now will point to the Kelo decision as "support" from the US Supreme Court for the redistribution of wealth.

[stocksthatgoup]

Who has the list of congressmen and senators opposing this?

[Lloyd227]

"House Minority Leader Nancy Pelosi (D-Calif.) criticized the measure. "When you withhold funds from enforcing a decision of the Supreme Court, you are in fact nullifying a decision of the Supreme Court,"

Precisely!

and the problem with that is?

[johnb838]

I don't want to get into that right now. I'm enough of a pragmatist that I will use the tools available today to fight todays fights. I'd rather Congress pass a law limiting the scope of Eminent Domain and designating it as being outside the scope of judicial review (that would really get Nancy's tidy whities in a bunch) but I know that's not going to happen, so I'd take what I can get.

I doubt this gets through though. This sounds like one of those Clintonesque "See, ah trahd, ah trahd re-al hard" kinds of things.