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What did the dissenting SCOTUS judges say about the majority's decision in Kelo?
In other words, one view is that the majority simply nullified, i.e. deleted words from, part of the Constitution. (That part of the Constitution was apparently, uh, unconstitutional?) Up on the Hill, they're actually doing what they should -- attempting to make sure that people's property won't be seized. And they're doing it the correct way: through the legislative process. While many Democrats have done the right thing (good for them!) Nancy Pelosi is, unsurprisingly, on the wrong side of history again:
This is sick and wrong in so many ways. For one, let's remember this would be a nullification of a nullification. If nullifying things is bad, then let's bring it back to where this started, okay? Next, let's notice that the Supreme Court essentially took away a right. Where does it say new rights can't be created? In Pelosi's mind, apparently, unless private lands are seized, the Court's decision won't be "enforced" -- as though the court said towns must do this, not that the Constitution didn't yet prevent them from doing it. But what's really sick here is the view that it is somehow legally or morally wrong to pass legislation which conflicted with a previous court decision. Using the same logic we could say Congress shouldn't be passing a flag-burning ammendment because it would nullify a previous ruling that made burning the American flag legal. Such a way of thinking effectively turns the Constitution on its head, utterly inverts it. You then say it is the Court's job to make new law, and that Congress can only work within the limits of what was decided already -- thus effectively reversing the role of the judicial and legislative branches. I fear this strongly anti-freedom meme could become rather popular among the left, as legislatures increasingly scamble to put back together each law or right the courts imagine into or out of existence.
Some don't want people to be their own rulers. Other plans have been made. You're engaged in a straw man argument: I recognize that eminent domain has often been used to give access to private parties, in certain kinds of circumstances. For example, what you cite -- railroads and canals -- are public accomodations, and thus, though privately owned, were still clearly for "public" use. But Kelo represents a radical expansion of that power, and, as I quoted O'Connor, basicly deletes the word "public" from the fifth Amendment's takings clause. Your comment about seizures for criminal violations -- though I agree with you completely -- is an utter non-sequitur. Come to think of it: as is your comment, as it fails to address the point actually being made in the article. Posted by: Tim (Random Observations) on July 3, 2005 05:04 PM Add your two cents...
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Actually, there is nothing new about using eminent domain for private enterprises. How do you think the early railroads and canals were built? In this particular case, it was wrong. According to the strict constructionist thinking, banning things like that is better left to the legislatures. So pester your reps to make laws prohibiting that. In this case, it's the Scalia-heads who are the activists. It should be done case by case. What about people who had their homes siezed for growing some buds, even conservatives used to get worked up over that.
Posted by: Jake on July 3, 2005 08:24 AM