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June 23, 2005
The Supreme Court Pisses on Our Property Rights
I like my house real well. It's the nicest house on the block, it's spacious, has a nice garage and a fair-sized yard. It's in a nice little sleepy town just far enough away from the rapidly growing 'burbs that we won't have to worry about them encroaching any time soon. But because the 'burbs are growing, so is the school district -- rapidly. And the thing I haven't told you about my house up to this point is that it and three other houses share the same block with an elementary school in the rapidly expanding school district and this school has been taking kids bussed in from the overcrowded elementary schools in the 'burbs. The school has expanded once, and we live with the knowledge that, at some point, the good folks who run the Southeast Polk School District may start lusting after our property, at which point we may be screwed. Because the district will make us some half-assed offer for our property, and turn our nice middle class house and yard into a playground, leaving us to take what they give us for it and find someplace else to live. Tough bananas. That's what they call eminent domain -- the Constitutional right of local governments to kick me out of my house to use the land for a legitimate governmental purpose. The liberal United States Supreme Court today stood this concept on its head so that now there apparently doesn't even have to be a legitimate governmental use for the land. All a governmental entity has to do is lust after your land and decide that it would be worth more to them if someone else owned it -- say a land developer or someone who can afford to build a bigger house on it than you can.
In a bizarre twist on the Marxist concept "from each according to his ability, to each according to his need" the five liberals who have hijacked the Supreme Court along with any rationality and common sense that may have been left in that body, have decided that the "from each" part of the commie pig equation is a group of unlucky homeowners in a subdivision near the ocean in New London, Connecticut. The "to each" part is the city which decided that these folks' homes which they busted their asses to buy and probably have as much pride in as I do mine would be worth more to the city if they were bulldozed and replaced with something that generated more revenue for the city -- the "need" part of this equation.
The folks who run New London, Ct. are no different than ones who run Des Moines, Iowa, or Boise Idaho, or Waco, Texas or Bangor, Maine: they love to spend money and up until the last ten years or so, have had about as much as they could possibly want to spend irresponsibly on $200 million stadiums, $60 million science centers with precious few exhibits, $400 million freeways that shave five minutes off a commute etc. etc. and on and on. And these are just the irresponsible ways my local "big" city government spends money they don't have. I know that every other city in the country has other unique and creative ways to irresponsibly spend money they don't have as well. But the revenue has started to dry up. When it comes right down to it, the middle class, by virtue of their sheer numbers, are the ones who pay for all this crap and the middle class are all like turnips: You can only squeeze so much out of them. And if you're a middle class guy like me, you're pretty much squeezed as far as you possibly can be squeezed. This leaves the irresponsible spendthrifts in city and state governments scrambling to find new revenue streams. Enter the U.S. Supreme Court to help them seize the property of middle class folks in the 'burbs and give it to them so they can turn around and re-sell it to a developer who will pay more taxes than the strapped middle class homeowners did. Here's the ridiculous rationale for this newly-minted Gestapo tactic according to Justice John Paul (Benedict Arnold) Stevens:
"Promoting economic development is a traditional and long-accepted function of government," Justice Stevens said, adding: "Clearly, there is no basis for exempting economic development from our traditionally broad understanding of public purpose."
Aside from the obvious fact that "promoting economic development" is the antithesis of what the government actually does, I don't think you're going to find "promoting economic development" as one of the enumerated powers of any government, federal, state or local. Justice Stevens and the rest of the commie libs -- Breyer, Souter, Ginsberg and Kennedy pulled this one right out of their asses. The way the government promotes economic development is to stay the hell out of the way and let the free market work. The government shouldn't be brokering a deal here: Let the developer make the folks an offer and if they don't like it, sweeten the pot until they do. If they never do, tough for the developer. As it is, one of the New London homeowners who talked to Neil Cavuto today on Fox News says he's going to get about $160,000 for his ocean front property that is worth $300,000-plus just because the city would rather someone else who will pay more taxes on it own it. The operative government principle here: Greed -- hardly a legitimate reason for seizing someone's home.
Sandra Day O'Connor had it right in the dissent:
"Under the banner of economic development, all private property is now vulnerable to being taken and transferred to another private owner, so long as it might be upgraded."
A dissent joined by whom? The conservatives on the court -- Scalia, Thomas and Rehnquist. I don't expect to ever again hear any of you liberals spouting your BS about how the U.S. Supreme Court is conservative just because of who appointed the majority of them.
The conservative dissenters are absolutely right of course: The ravenous appetite all governments have for our money is exceeded only by the creative ways they can find to BS some court into buying a lame "eminent domain" argument for putting up a taco stand on someone's homestead. Look for way more of these seizures in the future thanks to the libs on the Supreme Court. Anyone who thinks we can afford to cave on upcoming Supreme Court nominations like we have on the other judges and Bolton is smokin' dope.
Source: WebProNews.com
Posted by Steve at June 23, 2005 10:44 PM
Copyright © 2007 by author. May not be copied, published, or otherwise used (except for brief quotes) without express permission of author. Articles published with permission by Pardon My English.
-->Comments
Steve, I have to completely agree with you on this one. This is an outrage. I certainly don't have a law background, so I cannot argue from a legal perspective, but if the law in fact allows this, it ought to be changed.
I've seen exactly the situation you are talking about out here. Local gov'ts get hot to trot for a baseball stadium (or whatever the mayor's "this-project-will-be-my-legacy" du jour happens to be).
Land is purchased and then small businesses and/or homes are kicked out leveled, sometimes after the families have been there for generations. Oh, what's that? There's no more money for the stadium? OK, let's use the liberated land for something else...how 'bout a big box store.
And to all those about to toss out accusations of NIMBYism, I reject that out of hand. Taking someone's property ought to be a last resort for only the most extreme circumstances. Not because some mayor wants a feather in his cap.
Posted by Androminos
at June 24, 2005 08:48 AM
Law doesn't allow it. This is unconstitutional and wrong. This is the 'living constitution'. This is an 'interpereted meaning'.
We don't need 'living, changing' legislature to be reinterpreted by the judiciary. That's what we have a legislature for. If the meaning of the law is to change, it is for the legislature to change the word of the law and not for the judiciary to redefine the words to suit them.
Now that they've allowed this, someone in government with a skill at pushing hypothetical arguments to the breaking point will be allowed to take away your land for almost any reason whatsoever.
In this case, they took the land because the new tennants (large commercial businesses) will create more tax revenue for the city. That isn't even a garaunteed. The businesses may go belly up. And what a wonderful reason, what a great good! More money for the city to piss away without care until it has no more money and tries to cease more land.
These guys are completely without checks and there is no way to challenge thier decision. Our country is ruled by 5 people with lifetime appointments.
Posted by MJohnson
at June 24, 2005 09:19 AM
Fantastic Andy! Glad you agree that this is a scam. And I'd even go so far as to say that the school district being able to scam my house for a playground is a scam as well. I agree -- having a nice place for the kiddies to play is not a good enough reason for them to scream eminent domain.
Posted by Steve
at June 24, 2005 09:34 AM
I also agree with you Steve. The acquisition of someone's home ought to be left to the developer and not the government. We all know that eminent domain does not pay market value for government acquisitions. A developer would be required to pay what was asked and nothing less.
You will find that you have less ground to stand on though if the government decides to expand the elementary school onto your property. The need there is easier justified. In any event, I STRONGLY believe the government should be required to pay more than market value for your home, as opposed to less, because they are robbing you of more than just land and a building. In addition, there are often many more costs involved with building or buying a new home and relocating a family than you are compensated for.
Posted by Johnny New Englander
at June 24, 2005 02:41 PM
Sure, blame it on the liberal appointed judges...when they were joined by a couple of conservative appointed judges.
Posted by mattk
at June 24, 2005 02:46 PM
Yeah matt....how many liberal judges dissented this horrible decision? For the record, it was classified as "liberal judges", not liberal "appointed" judges. Let's just guess what political ideology this decision to negate the right to own private property came from.....Bolshevism? Marxism? Communism? Surely conservative ideologies....
Posted by Sarge
at June 24, 2005 03:13 PM
I also agree with Mattk's point. I think "we" are too quick to label this as judiciary run amok. And I certainly don't think this boils down to a Liberal vs. Conservative issue, either.
Although I disagree strongly with this decision, I give the benefit of the doubt that this is an honest ruling on the merits of the law as the justices see it, rather than an attempt to steer the country to a certain ideology. Looking back at previous decisions shows there is clearly no consistent Liberal/Conservative ideological division.
Supreme Court decisions on highly controversial "hot potato" public issues seem to have one side or the other in a uproar. I point to such decisions as the one to end voting on the 2000 election, the decision to uphold state law/previous decisions in the Schiavo case (please, let's not discuss that in this thread), or the decision to uphold the federal right to prosecute medical marijuana users. The outcome of these cases do not fit neatly into our notions of "Liberal" or "Conservative".
Throughout American history, many classic court cases were in sharp contrast to majority public opinion at the time, yet as society has evolved, many of the decisions have become pillars of accepted law. (And yes, still others have been overturned and rejected for the turds they were).
In any case, despite my distain for this decision, I still say we give the courts the benefit of the doubt that it is a ruling on the law, and not an attempt to overturn legislation.
Posted by Androminos at June 24, 2005 03:53 PM
JNE...agreed. If they need to build a school, expand an already present school...fine. That's allowed being a public building, even though it would suck for those getting screwed. ....but to use eminent domain to scarf up land for a private company to develop land for its own use all for "tax purposes" is a heap of excrement.
Posted by Sarge
at June 24, 2005 03:58 PM
I also agree with Mattk's point. I think "we" are too quick to label this as judiciary run amok. And I certainly don't think this boils down to a Liberal vs. Conservative issue, either.
Although I disagree strongly with this decision, I give the benefit of the doubt that this is an honest ruling on the merits of the law as the justices see it, rather than an attempt to steer the country to a certain ideology. Looking back at previous decisions and the voting record of the Supreme judiciary shows there is clearly no consistent Liberal/Conservative vote.
Supreme Court decisions on highly controversial "hot potato" public issues seem to have one side or the other in a uproar. I point to such decisions as the one to end voting on the 2000 election, the decision to uphold state law/previous decisions in the Schiavo case (please, let's not discuss that in this thread), or the decision to uphold the federal right to prosecute medical marijuana users. The outcome of these cases (in the aggregate) do not fit neatly into our notions of "Liberal" or "Conservative".
In any case, despite my distain for this decision, I still say we give the courts the benefit of the doubt that it is a good faith ruling on the law--even if they got it wrong from my perspective.
Posted by Androminos
at June 24, 2005 04:00 PM
Oops, that's "to end COUNTING on the 2000 election". Important distinction!
Posted by Androminos
at June 24, 2005 04:02 PM
"In any case, despite my distain for this decision, I still say we give the courts the benefit of the doubt that it is a good faith ruling on the law--even if they got it wrong from my perspective."
**** that.
No.
**** that.
They are WRONG. The hell with them. The government can NOT take your house away and give it to WalMart, whether they think they can or not.
Accepting it, giving it the 'benefit of the doubt' (what freaking doubt by the way? I'm not at all doubtful they're completely wrong) is the only way they'll get away with this kind of crap, and they'll KEEP getting away with this kind of crap.
You have to make it clear that it is unacceptable and must be undone immediately.
Posted by MJohnson
at June 24, 2005 04:13 PM
This eminent domain $#% is noxious in the eyes of 99% of the people, whether "liberal", "conservative" or whatever other label you like to use to divide Americans into warring camps.
This pro-choice, pro-gay-marriage libertarian-voting green-registered body will be on the front lines if those in CT decide to make a real stand.
Posted by someguy at June 24, 2005 04:22 PM
This is a terrible thing. Our forefathers would be rolling over in their graves.
Is there ANYTHING that can be done by The People to fight this?
I can't get over how bad this is.
Posted by Sherry Marion at June 24, 2005 04:31 PM
This ruling is total bullshit. When an American buys property, he's investing in a promise to his family and community. If the city, county or state wants that property, let them negotiate with that man/woman. If he/she does not want to sell, move on.
A part of the American Dream is dead thanks to the Supreme Court. By the way this is not a liberal or conservative issue-it's an American citizen issue
Posted by lee at June 24, 2005 05:14 PM
That's to "end UnConstitutional (both US and FL) vote counting in 2000"...
Posted by Sarge
at June 24, 2005 05:19 PM
Matt:
What does this mean to you?:
"I don't expect to ever again hear any of you liberals spouting your BS about how the U.S. Supreme Court is conservative just because of who appointed the majority of them."
As Sarge pointed out, I don't give a rat's ass who appointed them, they are liberal and Bush and Reagan shouldn't have appointed them.
Also, this is a liberal/conservative issue as hell. It's quite obvious that the liberals on the court feel that they can pull this type of BS out of wherever they happen to want to, in Kennedy's case, "Promoting economic development is a traditional and long-accepted function of government,". I'm thinking that the founders -- the crafters of the constitution -- would think this is utter BS. They didn't even define eminent domain as loosely as we do today. Show me a conservative Supreme Court decision where they used the "pull it out of your ass" method for coming up with the majority opinion.
Posted by Steve
at June 24, 2005 06:19 PM
Steve - The only reason why you identy them as liberal is because you don't like them. I bet you consider paper cuts liberal as well.
How the hell _CAN_ you consider this a liberal/conservative issue WHEN THERE IS NO PARTISAN BICKERING OVER THE TOPIC???
You've taken your opposition, labeled them liberal, bickered over issues and then labeled the whole process a partisan issue.
I'd like to see your political analysis of a termite infestation - "Damn liberal commie termites!"
Posted by mattk
at June 24, 2005 09:05 PM
Wait matt....did you name the liberal dissenter? It's a liberal issue because it smacks of communism...you know that liberal ideology, where only the leaders could actually own property and the People own nothing. Why is it that the 4 dissenters were the 4 conservative Constructionists? ...and there IS partisan bickering over this issue...or do you not pay attention to the world outside of PME?
....and termites ARE liberal commies...which is a redundant term.
Posted by Sarge
at June 25, 2005 08:44 AM
.you know that liberal ideology,
Sarge really is that stupid.
Posted by Um Yeah
at June 25, 2005 11:01 AM
Good...another baseless claim. Actually an incorrect claim because communism is clearly a liberal ideology. That's why there's all them communists in Cambridge...and the Center for Marxist Studies in Cambridge. And liberal Senators like to do that whole "from each, according to their wealth, TO each according to their need" bullshit. You know....redistrubution of the wealth that your liberal politicians tout...THAT's a socialist ideal. You know....the government's ability to take privately owned property and give it to someone else to profit off of.
UY really IS that stupid.....or are you gonna blame someone else for your stupidity as always?
Posted by Sarge
at June 25, 2005 11:09 AM
ctually an incorrect claim because communism is clearly a liberal ideology.
You can say it is leftist, but I wouldnt call it Liberal.
You see there is also the whole entire Authoritarianism thing.
But you knew that right?
Posted by Um Yeah
at June 25, 2005 11:23 AM
Sarge - You're completely playing into my previous comment.
I'm completely certain that its based on a conservative ideology because economic progress is the excuse for trampling the rights of the individual...
Posted by mattk
at June 25, 2005 12:46 PM
5th Ammendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; 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
strong
for public use
strong, without just compensation.What is it about public that Kennedy doesn't understand.
Bill
Posted by Little Bill
at June 25, 2005 01:44 PM
Matty,
All joking aside, you really are dumber than dirt. To even suggest that shitting on the Constitution just to raise taxes and increase gubmint is in any way conservative is astounding and breathtakingly mindless. You are a hopeless fool.
Does your brain have any function besides keeping your jumbo ears from colliding?
Posted by Radical Redneck
at June 25, 2005 02:28 PM
I'm completely certain that its based on a conservative ideology because economic progress is the excuse for trampling the rights of the individual...
Well, feel free to be completely and certainly incorrect. Exactly which conservative ideology would THAT be? Quick...pull something out of your ass.
Posted by Sarge
at June 25, 2005 05:21 PM
....and exactly which liberal SC judge dissented on this horrible decisioni?
Posted by Sarge
at June 25, 2005 05:21 PM
is in any way conservative is astounding and breathtakingly mindless.
Its more about corporate whoredom, walmarts etc. sounds pretty Conservative to me.
Posted by Um Yeah
at June 25, 2005 07:34 PM
"I'm completely certain that its based on a conservative ideology because economic progress is the excuse for trampling the rights of the individual..."
Well, since you're "completely certain," you must be right. So there's only one explanation for the liberals being the ones voting for this nonsense (even the "swing" conservative--O'Connor went completely ballistic in dissenting from this disaster). Evidently, the liberals on the court have become so in love with the conservatives that they want to be just like them. So they are now voting the way they THINK the conservatives will. Kind of like a "Single White Female" scenario. They want to be JUST LIKE the conservatives.
Well, the conservatives would like the liberals to know that we DON'T think that way, and the idea that you THINK we do is creepy and crazy. (Jennifer Jason Leigh has NOTHING on Stevens, Kennedy, Souter, Ginsburg, and Breyer--Which one is the "conservative, again? I just hope they don't all try to imitate Justice Thomas's hairstyle!)
Posted by Kerry Jacoby at June 25, 2005 11:37 PM
UY....why don't you actually LEARN about communism before you make dumbshit statements like that. Communism has nothing to do with big coporations....as in, the GOVERNMENT controls all means of production.
HERE....your favorite site has a general, though lovingly utopian, descriptioin of it. Of course, you could just go and make dumbshit comments that show you know nothing about it.
You DO know that you're actually supposed to actually learn something in college don't you?
Posted by Sarge
at June 26, 2005 11:24 AM
Communism has nothing to do with big coporations.
Yeah. And I was talking about Authoritarianism. You really are brain damaged.
Posted by Um Yeah at June 26, 2005 11:43 AM
Seeing as you have not even mentioned authoritarianism and made a comment about communism.....you're backpeddlijng into yet another place that's incorrect. There's nothing in the conservative ideology that calls for authoritarianism....dumbshit....so you were talking about nothing but lies.
Posted by Sarge
at June 26, 2005 12:25 PM
Seeing as you have not even mentioned authoritarianism
"You see there is also the whole entire Authoritarianism thing."
And then I talked about coroporate whoredom.
All I said about communism is that it can be called leftist but not really liberal considering the complete lack of individual freedoms.
There's nothing in the conservative ideology that calls for authoritarianism..
Well thats true but if you mean traditional conservatism but then you guys arent traditional conservatives. You guys worship dear leader.
So how is the brain damage treating you?
Posted by Um Yeah
at June 26, 2005 12:32 PM
Authoritarianism has nothing to do with conservatism...AT ALL. ....and what you commented on with your lame corporate whoredom comment(...is in any way conservative is astounding and breathtakingly mindless.) was in response to matt's attempt to claim that communism is a conservative ideology (which even YOU know is full of shit) had nothing to do with "authoritarianism"....rather what you commented on (...is in any way conservative is astounding and breathtakingly mindless.) had EVERYTHING to do with labelling conservatism as COMMUNISM....so in YOUR head...while commenting on COMMUNISM, you're gonna add a comment about "authoritarianism"....that's illogically fucked up. Continue on with your asinine attempt to pin incorrect ideologies to conservativism.
Posted by Sarge
at June 26, 2005 12:53 PM
Authoritarianism has nothing to do with conservatism...AT ALL
Well yeah, but you guys are neocons.
You guy spend all your time trying to convice yourselves that anyone who disagrees with dear leader is a traitor.
Posted by Um Yeah
at June 26, 2005 01:27 PM
Seeing as you have not even mentioned authoritarianism -Marge
"You see there is also the whole entire Authoritarianism thing."- Me
Uhuh.
Posted by Um Yeah
at June 26, 2005 01:28 PM
Wrong....I'm a paleocon....but thanx for accepting the proof of my point...that it's 100% illogical to pin communism as a conservative ideology.
You guy spend all your time trying to convice yourselves that anyone who disagrees with dear leader is a traitor.
That's a lie. I only use the term "traitor" on anyone that actually picks up arms against the country or directly assists those that do....but I'll just add that to youir growing list of baseless accusations.
Concerningwhat YOU WERE ADDRESSING (I know it's difficult to keep a train of thought with your ADHD and all)....it had nothing to do with authoritarianism....flounder away.
Posted by Sarge
at June 26, 2005 01:42 PM
I'm a paleocon.
then why would you support any republican? Look at their stances on fiscal responsiblity, Reagan and onward all were for deficit spending.
I only use the term "traitor"
You use the term anti/unamerican. Im pretty sure you have called quite a few people traitors falsely but im not going to split hairs.
And again many many of the Tards on your side have that habit.
Seeing as you have not even mentioned authoritarianism -Marge
"You see there is also the whole entire Authoritarianism thing. - Me
it had nothing to do with authoritarianism....flounder away.
You said I never said it where I clearly did.......
Posted by Um Yeah
at June 26, 2005 01:52 PM
How many times do I have to friggin' explain it before y'all will finally accept my stance? I do not support "Republicans"...I support the whoever will fuck with the military less. I lived through a Democrat fucking the military up and will not vote for the likes of the AWOL Sen. Kerry that has voted to cut funding for the military AND intelligence communities every chance he can get. Why would I want a POTUS that's clearly voted to shit on the military?
Of COURSE you're not gonna split hairs...because you don't differentiate between 3 very different things called unAmerican, anti-American, and TRAITOR. Whether or not you want your hairs split...there's a difference and I only call traitors "traitors"...the last famous one was Taliban Johnny. Then ANY leftist that calls for "Victory to the Insurgency" You know...traitorous words.
...and what did "authoritarianism" have to do with what you were commenting on? Nothing? Flounder away little child. It's called misspelling the word when doing a Ctrl F (you know...my fingers are a little dyslexic)...but if that's all you got to play with...play away. Feel free to ignore that you brought the word up when commenting on communism.....AND feel free to ignore that authoritarianism has NOTHING to do with the conservative ideology. Choose to pick on the irrelevant, as usual.
Posted by Sarge
at June 28, 2005 02:45 PM
I do not support "Republicans"...I support the whoever will fuck with the military less.
Then why do you vote for W?
Youve seen whats been happening to the troops lately?
I lived through a Democrat fucking the military up
Your definition of "fucking up" is retarded.
...and what did "authoritarianism" have to do with what you were commenting on?
Communism is on the authoritarian scale of political compass.
Liberalism as it is universally known is not.
Either way you said I never mentioned it when I clearly did.
AND feel free to ignore that authoritarianism has NOTHING to do with the conservative ideology.
Bullshit, look at you. Just how many people have you called anti or unamerican for not supporting dear leader?
Posted by Um Yeah
at June 28, 2005 08:23 PM
Then why do you vote for W?
I will not answer that question when I already answered it in my last post. Fuck you for not comprehending english....case in point. Seeing as you have no idea about ANYTHING related to the military, you have no basis on deciding what's fucked up or not...idiot.
Liberalism is on the socialist side of the compass....as is communism....but you knew that.
It's called a spelling mistake. What's YOUR excuse for being an idiot? Me calling someone anti-American for being anti-American or unAmerican for being unAmerican has nothing to do with authoritarianism....idiot.....AND I HAVE NEVER CALLED SOMEONE ANTI- OR UNaMERICAN FOR NOT SUPPORTING OUR DEAR LEADER....YOU LYING SACK OF SHIT. Why don't you actually go off and LEARN what authoritarianism actually is before you talk shit about what you know not.
Posted by Sarge
at June 29, 2005 04:24 PM
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