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 Courts 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 Kelos 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 ...
And just where are you going to get your army of “should-ers”?
BFL
Exactly.
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.
Donald Trump won’t like this. :)
The liberal activist justices should not have ruled against the 5th amendment in the first place. What they did was unconstitutional.
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