June 30, 2005
To Atrios on Kelo
from - smijer
The following is in response to, and crossposted in the comments of this post, from Atrios:
The fifth amendment ends with these words:
nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The first half of this clause makes clear that the founders intended that a person should not be deprived of private property, except as restitution for an offense against the law, and then only with due process. The second half recognizes that private property may be taken by the government for public use - not private, and then only with "just" compensation.
The niggling question is what constitutes "just" compensation. I believe it is unjust to pay only "fair market value" when the value to the public is greater than "fair market value". But court precedent disagrees with me. That precedent is, IMHO, due for a change.
But the bigger issue is black and white. The founders were clearly making an effort to identify the only appropriate avenues (outside of the separately identified war-time considerations) wherein the government is allowed to deprive individuals of property. Taking for private use was clearly not among them.
Court precedent should not override the very clear restrictions provided in the constitution. It's uncostitutional, and it's wrong. If the state or municipality seizes property, that property should be considered public use. Those who disagree with Kelo should organize and begin to treat that property as public use... Go to Pfizer. Go into the manager's office. If and when you are forced to leave, sue... all the way to the supreme court.
This is a federal issue because it is addressed in the federal Constitution.
This is an issue for Democrats, because the abuse in Kelo abuse represents the benefit of the rich and powerful at the expense of the unempowered.
Let's all get on the right side of this thing.
::Posted by smijer at June 30, 2005 09:26 PM
Indeed. The left is full of crap on this issue but that's what I expect as it isn't the fault of chimpy mchitlerburton.
| Posted by SayUncle on July 1, 2005 09:01 AM Link to comment |