The heartening thing about the Kelo decision is that it has apparently enraged folks on the left as well. Legislation considered unlikely or impossible yesterday, even in blue states, seems very possible this morning.
No doubt about it, there are powerful monied interests that are rejoicing over the Kelo decision. Eisenhower used to voice his concerns about a military-industrial complex. What we are facing here is a municipal-developer complex. It's impact is directly on the individual citizen and property owner.
But the municipal-industrial complex can be defeated.
Excuse me: municipal-developer complex. (If I'm going to coin a term, even if only for my own purposes, I ought to try for consistency)
The beauty of our intricately constructed government is not only the elaborate checks and balances within each level (federal, state) of government...but the fact that there ARE distinct levels...each with specific powers.
Fundamental rights should be protected at ALL levels of government...from the local up to the federal....but the Constitution is ultimately the only real law we have...since state laws cannot usurp the Constitution....and the rights enumerated therein.
This is why we are so upset here...even if Utah can regulate around this ruling...a fundamental bulwark in the onslaught agaisnt government encroachment of individual freedoms has been eliminated.
Pity folks who live in corrupt blue states..this ruling makes them second class Americans.