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House Votes To Undercut 5-4 Ruling On Property (Eminent Domain Takes Hit)
Washington Post ^ | 7/1/05

Posted on 07/01/2005 5:03:46 AM PDT by 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

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Government; News/Current Events
KEYWORDS: 109th; eminentdomain; kelo; tyranny
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To: linkinpunk

Pelosi once again shows that she went too long without oxygen during one of her face lifts.


41 posted on 07/01/2005 5:57:04 AM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: linkinpunk; Lloyd227; All
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."

Riiiiiiight...nevermind the fact that the Stupreme Court Decision itself is in violation of the Constitution. People wonder why we're so hard on Democrats...and Nancy! You actually have a public official position. I'm going to have to point to my tag line below on this one.
42 posted on 07/01/2005 5:57:17 AM PDT by MAK1179 (it's like playing a game of trivial pursuit with a retard, you always win, but it's not satisfying)
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To: Aquinasfan
... the fecklessness of the Republicans in the face of repeated, direct frontal attacks on the Constitution by the judiciary is sickening.

I'd make that my new tagline, but it's too long!

43 posted on 07/01/2005 5:57:52 AM PDT by Tax-chick ("I am saying that the government's complicity is dishonest and disingenuous." ~NCSteve)
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Comment #44 Removed by Moderator

To: Shaq ONeal

Now you're talkin', Big Guy!


45 posted on 07/01/2005 6:10:45 AM PDT by gridlock (ELIMINATE PERVERSE INCENTIVES!!)
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To: linkinpunk

http://clerk.house.gov/evs/2005/roll350.xml


46 posted on 07/01/2005 6:17:03 AM PDT by aynrandfreak (When can we stop pretending that the Left doesn't by and large hate America?)
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To: goldstategop; Big E
Re: Conyers and Waters being on board.

With the president's Ownership Society program, more minorities own homes than ever before. The 5 Rogues of the SC just ripped minority gains right out of their hands and apparently they recognize that.

The fact that the rest of us no longer have property rights doesn't change what SCOTUS just did to them.

47 posted on 07/01/2005 6:20:45 AM PDT by Sal
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To: Desdemona

I'm sorry. This isn't good enough. It's not. They may want us to think that it is, but it isn't.

This let's the decision stand, but denies money to projects that may have sought it out.

The decision has to be nullified. I'm not sure this achieves that end.


48 posted on 07/01/2005 6:22:12 AM PDT by RinaseaofDs (The problem with socialism is that eventually you run out of other people's money.)
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To: numberonepal
Is there anyone here that shares my opinion that Congress does and should have a bit more power than the Executive and Judicial branches? I remember reading a lot of stuff about checks and balances, but I've never really understood with whom and how much power reisides where. Since Congress is a literal representation of the people, it is logical they should garner the most power.

I remember reading on another thread that the Founders intended the judiciary to be the "weakest" of the three supposedly co-equal branches. The lawmakers were supposed to take the lead, with the implementers following, and the interpreters kind of riding shotgun. Now, it seems the system is the exact obverse. In some ways, the legislative and executive branches often tremble in obsequious fear before the judiciary.

While mainly symbolic in effect (relatively few private development projects rely primarily on federal funds), this legislative effort is, in some ways, an example of the checks and balances system. The legislators have a sense that the judiciary has overstepped its bounds, and is taking some initial steps towards correcting the balance. Those may or may not be effective, but they have to try, and have to start with something. Hopefully, other measures will be taken to reverse or mitigate this obviously flawed ruling.

49 posted on 07/01/2005 6:29:28 AM PDT by chimera
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To: linkinpunk; brityank; TonyWojo; AAABEST; B4Ranch; editor-surveyor; countrydummy; Carry_Okie; ...

"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..."

That's the idea, Nancy.

50 posted on 07/01/2005 6:32:38 AM PDT by sauropod (Polite political action is about as useful as a miniskirt in a convent -- Claire Wolfe)
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To: School of Rational Thought
The left now will point to the Kelo decision as "support" from the US Supreme Court for the redistribution of wealth.

It goes much deeper than that. In his majority decision, Stevens framed this as a States rights issue. Essentially what he has said is that States have the right to overrule the fundamental protections given to all Americans by the 5'th Amendment.

But if States have the right to overrule the 5th Amendment, why does the same logice not apply to the rest of the Amendments in the Bill of Rights? Essentially Stevens has nullified all of the basic rights of the Constitution and left people at the mercy of State and local governments.

51 posted on 07/01/2005 6:33:25 AM PDT by jackbenimble (Import the third world, become the third world)
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To: Sal
With the president's Ownership Society program, more minorities own homes than ever before.

Many minorities own homes in areas that are becoming more attractive to developers, as they buy up and rehabilitate homes in the inner suburbs. Furthermore, the value of their land would be even greater once the minorities are moved out. This USSC ruling paints a target on the roof of every minority homeowner.

Can't you just see every Podunk town in the country redlining their minority districts? Kill two birds with one stone, they will! Blacktown looks like just the place for that new Wal-Mart!

52 posted on 07/01/2005 6:34:31 AM PDT by gridlock (ELIMINATE PERVERSE INCENTIVES!!)
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To: sauropod

Each and every republican member who voted against this should be thrown out on their collectivbe asses in next years primaries.


53 posted on 07/01/2005 6:37:16 AM PDT by jwalsh07
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To: Shaq ONeal

There isn't much more they can do. At least they are doing something.

They can't ban it. Now, they could try to get a constitutional amendment, but I doubt we could get enough Dems to make it pass.


54 posted on 07/01/2005 6:37:59 AM PDT by rwfromkansas (http://www.xanga.com/home.aspx?user=rwfromkansas)
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To: linkinpunk

It would be nice if Pelosi actually knew something about the way our constitution works before commenting on it.


55 posted on 07/01/2005 6:39:39 AM PDT by NCSteve
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To: linkinpunk

56 posted on 07/01/2005 6:41:57 AM PDT by Pyro7480 ("All my own perception of beauty both in majesty and simplicity is founded upon Our Lady." - Tolkien)
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To: Judge Roy
"Just think with this ruling our great cities can rid themselves of all their high crime areas, which means fewer Americans will be dying every night."

Nonsense. It's not the areas that are "high crime", it's the inhabitants. Those great cities would have to rid themselves of those persons first.

57 posted on 07/01/2005 6:44:26 AM PDT by azhenfud ("He who is always looking up seldom finds others' lost change...")
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To: 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.

I've already written to promise a spike in tourism from Virginia if they allow "The Lost Liberty Hotel" to be built. I'm also confident that if they actually follow through on this, Souter will find a way to encourage another case to be brought to the SCOTUS so that he can rule a different way.
58 posted on 07/01/2005 6:45:41 AM PDT by beezdotcom (I'm usually either right or wrong...)
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Comment #59 Removed by Moderator

To: Shaq ONeal

This ought to be the campaign rallying cry for 2006 & 2008 and on, as some have said here. Such boldfaced ignorance of the Constitution and basic human rights in the highest court of the land is outrageous. We need to stave off liberalism/altruism in the next 50 years, and try to undo the incredible damage it has done. My worry...that it's too ingrained in people, even Republicans, for them to realize the horror that is this decision.


60 posted on 07/01/2005 6:59:04 AM PDT by Swordfished
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