Posted on 03/13/2014 12:19:12 PM PDT by Kaslin
I take it the author doesn't like Federalism or the Tenth Amendment. IMO, Kelo was correctly decided, regardless of the outrage perpetrated by the City of New London. Be careful what you wish for if you want the Feds securing your rights against the States.
It took 30 years for SCOTUS to recognize GM’s “Poletown” disaster. It might take a few more for this one.
I'm disagreeing that Kelo was decided correctly.
The pro-judges saying effectively saying that if the "victims" don't like it, they could vote the the perpetrating rascals out.
Kelo will NEVER be overturned. Our rulers must preserve the expansive but bastardized view of “public purpose” which together with equally unsupprotable and expansive interpretations of “general welfare” and “commerce” are used to wholesale turn the framers constitution on its head to allow for socialism to be the norm in this country. We need a revolution. As the people are just saying NO to obamacare, we need to just say NO to many other unconstitutional acts of the Federal government, despite what the Supremes say. A proud “wacko bird.”
Curious as to why you believe Kelo was correctly decided.
State governments have the legal power to tax, upon the limits of which the Constitution is mute.
Read the article I linked; then comment. This isn't about whether you like what the City of New London did or not; it is about whether it was within their legal authority.
Mystery Babylon at your disservice.
It's about the Tenth Amendment, Federalism, and States' Rights. When the Feds gain the power to enforce a right, they gain the power to violate it, which would result in the watered down protections we see for everyone with no alternative. As the article above said, after Kelo, many States instituted property rights protections against eminent domain superior to the Constitution, while others did not. Natural Law competition will show which is superior (and as you know, I side with protections for private property).
If you read the piece I linked (which I wrote), you'll see what I mean, especially as regards Federal enforcement of individual rights by "Selective Incorporation."
I’m not following your line of reasoning. Are you saying Kelo was decided correctly because it compelled States to pass laws on abuses of eminent domain?
What about the 5th Amendment? Was Kelo decided correctly with respect to the 5th Amendment?
My family used to vacation at a small cabin near a lake in Northern California — when the land lease was up, the park service refused to renew, evicted the owners and razed the cabin to the ground, saying the land was needed for campgrounds.
This was in the late 70s and to this day the campground was never built and the lot is empty.
I despise the people behind the Kelo taking, but the case was correctly decided. As for those who killed the development, I’m thrilled. I wrote to the developers to let them know I would never shop there, as did many others.
I am saying it was correctly decided because it left that decision up to the States.
What about the 5th Amendment? Was Kelo decided correctly with respect to the 5th Amendment?
Not with respect to the Constitution as designed, because its enumerated powers were to limit only what the Federal government could do, not the several States. The 14th Amendment changed all that, much to the damage of the Republic. So your question should properly have been whether the 5th Amendment should have been incorporated under the 14th Amendment by the decision (which it did not). Should you decide that enforcing the 5th Amendment against State and local government is proper, then you have little respect for the 10th Amendment and Federalism.
There are trade-offs in such preferences with which the article I linked deals. It is worth your time. I don't like writing answers to questions with which I've already dealt in depth. Please read it before asking more questions. Should be unsure about some of its positions, the thread upon which it was first posted here on FR contains an extensive discussion about it (150+ posts).
Just another thing for a conservative congress and POTUS to fix.
To start with, a conservative congress and POTUS need an act which returns the vast majority of federal land takings to the states.
The federal government owns roughly 635-640 million acres, 28% of the 2.27 billion acres of land in the United States.
62% of Alaska is federally owned, as is 47% of the 11 coterminous western states. Most of it should be returned.
Next, congress must set up major walls to future land takings, both public and private, and strictly limit what can be taken for things like endangered species, wetlands, non-navigable waters, reefs, and other federal projects.
Then finally, congress needs to direct the Supreme Court that rulings like Kelo violate the intent of the clear language of the constitution and should be reversed.
That ruling was the first Police State ruling... and it’s a little horror...
I would like the property of John Paul Stevens, Steven Breyer, David Souter, Ruth Bader Ginsburg, and Anthony Kennedy and their families taken from them.
That would be justice...
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