Kelo vs. New London (2005)

This is one of the worst assalts on private property since this country became a country!

The policy itself was horrible, but it's a state's rights issue. The 5th Amendment says only that the victim of emminent domain must be adequately compensated.

No one should make the mistake of defining Capitalism as a noble ideology. It isn't. Capitalism is, by definition, a social system that, due to technological advancements which took place during the Industrial Revolution, has allowed the means of production to be centralized into the hands of a wealthy minority, or Capitalists. What we see in this example is the state intervening on behalf of the Capitalists in the Pfizer corporation (who hold greater political power) to appropriate property from non-Capitalists so the land in question can be developed. The losses of this procedure, of course, would fall disproportionately on the poorest residents. I don't see how any liberal or left-winger of any stripe could support this. A genuine liberal would want to moderate the Capitalist system, not allow it such extreme excesses. UPDATE: One of the underpinnings of Rawls' philosophy was the principle of fairness. He believed in greater economic egalitarianism. What we see in this instance is a... Read more

Let me take the time to concur in part with Magellan's post (considering we do so once a every two months or so...LOL)- this ruling shows an absolute disregard for the truly fundamental principles of the Bill of Rights. However I need to stress the difference between the actions of the Supreme Court and the actions of the Executive Branch of government- the executive branch is acting within the accordance of its constitutional authority, the judiciary is not. And unlike previous accusations leveled toward neo-conservatives liberal jurists are expanding the power of the judiciary and government through unconstitutional rulings from an unelected branch- they are imposing their ideology upon the citizenry through unwarranted decisions. I personally am a strict constitutionalist- meaning I believe that it is wholly the intent- not the spirit- of the constitution that is most important. This is why I never argue that the unborn are protected by the 14th Amendment and 5th Amendments like... Read more

A very troubling case, one which I would argue abandons certain limitations on government power that has been at the heart of our constitutional order. Here the court ruled that it's okay for developers to unilaterally take property from residents provided that they get just compensation. This is known as the principle of eminent domain, a highly contentious issue that many citizens regard as a raw exercise in government power. At times the government can exercise such a power for the general will: people have been deprived of their property in the name of building new roads, dams, railroads, utilities etc. In each case, the public was deprived of their property for the public good, of course, special interests like contractors always benefit from this too. However this case is far more troubling. This case expands the notion of the public interest in a way that ensures that no one's property is safe for any extended period of time. It is ironic that the court uses such logic, for by c... Read more

My husband was talking about this one this morning to me. Yikes. Yeah, I know a strip mall would generate more revenue in taxes than a bunch of houses, but I'm sure the homeowners don't really CARE all that much! I wouldn't want someone to knock on my door and tell me to move out so they could build a parking garage. UPDATE: Oh, you guys have to read this; apparently, a guy named Logan Darrow Clements is using this case to try to build a hotel . . . at the address of one of the Justice's house. If it's true, I can't say that I'm entirely too sympathetic. http://www.freestarmedia.com/hotellostliberty2.html

Awful, awful, awful jurisprudence. What happened to the party that looks out for the little guy? The strongest and most cogent rationale for appointing more conservative justices to the Supreme Court. There are currently 4 conservatives on the Supreme Court and Bill Clinton appointed only 2 of the current 9. Every conservative gets Borked, did Bader-Ginsburg? She was approved on the first up-or-down vote, as ridiculously liberal was her judicial track record. Every nominee is entitled to an up-or-down vote.

This is disgusting. Capitalism and greed at its absolute worst. UPDATE: I would make the argument here that this is capitalism, the dark underbelly of capitalism that few of us want to acknowledge. Yes, I understand the communist/big government argument, but consider the market forces driving this and the venal side of capitalism is there in all its clarity. UPDATE TWO: I take the points made by Lance and Magellan and others, but I stand by my comment that this is the dark side of capitalism. (And surely, guys, you're not going to argue it doesn't have one. I know you're smarter than that.) What is driving this agenda? Follow the money. UPDATE THREE: I agree Lance that not all issues that involve the pursuit of money are capitalistic. I simply contend that this one is.

This is absolutely insane. So Walmart can lobby my local councilman that they can make more money with my property than me, and I can be booted out of my house? Heading towards a police state, folks. This is what you get when you have a big government (conservative) President and a big government (liberal) Supreme Court. You get roll backs in individual liberty. I'll say this for the Supreme Court however - at least they understand what conservative and liberal are supposed to mean. I wish someone would tell GWB, so we can have SOME checks on the exploding US government. *** And this ain't capitalism. There's nothing in capitalism about government land grabs. In fact, this is the opposite of capitalism, as land grab policies discourage investment. In a capitalist society, businesses would be expected to offer a price to the homeowners that they would willingly accept, no matter how high that price might be. Kelo vs. New London is GWB style, Big Government Knows Best policy.