Eminent Domain update from congress; some guys might actually get it (Cornyn, DeLay). Wonders never cease.
Congress has to pass legislation to enforce an already existing amendment? That's essentially saying Congress recognizes the Constitution as irrelevant so they end up making more redundant laws.
I know this may sound as a novel idea but let's enforce the laws we have by removing those who violate the Constitution!
How about a constitutional amendment?
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.
Blah blah blah. Just get it done, GOP.
The Supreme Court has re-interpretated the Constitution...These are the same people that previously ruled by re-interpretation that the Constitution is a 'living document' meaning it can be changed to fit the times...
Now that they control what the Constitution means, any law they don't like coming from Congress can and will be deemed unConstitutional...
Congress is wasting their time and millions in taxpayer money coming up with new laws to make an end run around the 'new' eminant domain ruling...
Nothing short of impeachment will have any affect...And they're too gutless to try that maneuver...
The folks in Freeport need to grab Mayor Jim Phillips property/properties for redevelopment.
It's intersting that the DeLay bill is carefully crafted to prevent one kind of development...but not others. If the developer is using private funds for his project then the state or municipality can use eminent domain to sieze whatever it wants.
Good post. Thanks for your post. Bump.
As a result of outrage over Kelo vs. New London, Ct., it is great to see Americans so aware of, & energized in defense of, private property rights by addressing threats, this terrible precedent (Kelo v. New London), and becoming aware of the downside of activist Judges. I have been concerned with both of these related issues for about a decade. I even had brief, separate, conversational encounters with two of the "good" Justices (Scalia & Thomas) in the Kelo case about 6 or 7 years ago re: "The Takings Clause" of the 5th Amendment designed to protect private property from arbitrary seizures, but providing for Eminent Domain for certain "public use" (NOT "public purpose") . It was clear they were anxious to see some good cases walk toward them. I doubt if they would have predicted the bizarre outcome in Kelo, though.
For those of us who are deeply concerned with protection of Private Property from improper application of Eminent Domain in contravention of the Original Intent of the Founders in the 5th Amendment's Takings Clause, I am registering a warning or a concern:
I think AG (& potential USSC Nominee) Alberto Gonzales is very weak on Private Property Rights and lacks an understanding of orignainl intent of the 5th Amendment's Takings Clause (Eminent Domain) based both upon some cases when he ws at the texas Supreme Ct. (e.g., FM Properties Operating Co. v. City of Austin, 22 S.W.3d 868 (Tex. 2000))
and, more recently and significantly, upon his NOT having joined in the Kelo case on the side of property owner. My understanding ws that he had sided with the League of Cities against Kelo while WH Counsel.
As some have frequently observed, he certainly believes in a "Living Constitution" and is NOT a strict constructionist or an Originalist, but rather tends toward the Activist side, per National Review Online and others.
He has been sharply critical of Priscilla Owen in some Texas Supreme Ct. decisions when they were both on that Ct. as Justices, and he has been quoted as being sharply criticial fo Janice Rogers Brown, including being quoted by People for the American Way in their ultra-leftist propaganda.