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Constitutional Amendment to Overrule Kelo v. City of New London & Protect Property Rights
Washington Post ^ | October 16 | Ilya Somin

Posted on 10/17/2015 4:38:07 PM PDT by nickcarraway

The Volokh ConspiracyOpinion A constitutional amendment to overrule Kelo v. City of New London and protect property rights against abusive takings

National Review columnist and prominent political commentator Charles C.W. Cooke argues that a constitutional amendment to overturn the Supreme Court’s widely despised 2005 ruling in Kelo v. City of New London might attract broad bipartisan support. Unlike most amendments proposed in recent years, its appeal would not be limited to just one side of the political spectrum.

Susette Kelo’s famous “little pink house,” whose condemnation was upheld by the Supreme Court.

Kelo ruled that the Constitution allowed the government to take private property from one private owner and give it to another simply on the theory that the new owner might promote more “economic development.” Such condemnations often inflict great harm on poor, minority, and politically weak property owners, and also routinely tend to destroy more economic value than they create. In the Kelo case itself, the condemned property remains empty to this day, used mainly by a colony of feral cats.

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


TOPICS: Constitution/Conservatism; Extended News; Government; News/Current Events
KEYWORDS: antitrumo; kelo; privateproperty; trump
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To: savagesusie

And just where are you going to get your army of “should-ers”?


21 posted on 10/18/2015 12:09:01 AM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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BFL


22 posted on 10/18/2015 10:19:50 AM PDT by Faith65 (Isaiah 40:31)
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To: cumbo78

Exactly.


23 posted on 10/18/2015 10:29:59 AM PDT by WayneS (Yeah, it's probably sarcasm...)
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To: Carry_Okie

No,it was not correctly decided. The fifth amendment applies to the States and it always has.


24 posted on 10/18/2015 10:31:47 AM PDT by WayneS (Yeah, it's probably sarcasm...)
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To: WayneS
No,it was not correctly decided. The fifth amendment applies to the States and it always has.

Until the selective incorporation doctrine of the 14th was instituted, this was true only in Federal court. For example, Abraham Lincoln made his early reputation by doing eminent domain deals for private barge companies and railroads. Read the article I linked.

25 posted on 10/18/2015 10:54:35 AM PDT by Carry_Okie (Despotism to liberalism: from Tiberius to Torquemada, and back again.)
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To: nickcarraway

Donald Trump won’t like this. :)


26 posted on 10/19/2015 12:00:38 AM PDT by Sun (Pray that God sends us good leaders. Please say a prayer now.)
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To: nickcarraway

The liberal activist justices should not have ruled against the 5th amendment in the first place. What they did was unconstitutional.


27 posted on 10/19/2015 12:10:07 AM PDT by Sun (Pray that God sends us good leaders. Please say a prayer now.)
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