Kelo done -as are your rights

Update: Today, I am ashamed of my country, my government, and the legal system (we don’t have a justice system). This is some scary stuff, folks. Freedom died a bit more. I honestly went to the parking lot, sat in the car and wiped tears from my eyes. Anger turned to sadness.

Property rights (like states’ rights) are officially dead in this country. SCOTUS blog:

Splitting 5-4, the Supreme Court ruled on Thursday that a local government may seize private property for purposes of profit-making private re-development, declaring that this constitutes a “public use” under the Constitution.

While the opinion by Justice John Paul Stevens said that a local government could not take homeowners’ property “simply to confer a private benefit on a particular private party,” the New London. Conn., project involved in this case was “a carefully considered development plan.” While the resulting project would not be open for use by the general public, the Court said, there is no literal requirement of that outcome.

Well, my copy of the fifth amendment says:

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 for public use, without just compensation.

How a private development could possibly be justified as public use is beyond me. Worth noting that the conservative judges came down on the right side of things.


Update: I am seriously pissed off about this. Apologies in advance for the obscenities you’ll see out of me for the next few days.


Update 2: The AP story is here:

As a result, cities now have wide power to bulldoze residences for projects such as shopping malls and hotel complexes in order to generate tax revenue.

Update 3: Blake has some reactions. It is a national tragedy.

Update: Another quote:

Scott Bullock, an attorney for the Institute for Justice representing the families, added: ”A narrow majority of the court simply got the law wrong today and our Constitution and country will suffer as a result.”

Simply got it wrong is a bit of an understatement. How about willfully disregarded?


Here’s the opinion, which I have not read yet due to the threat of having a conniption.

Update: Kevin:

Bill Von Winkle now has three choices: Submit, go to jail, or die. His legal options are finished.

And still this isn’t the straw that will break the camel’s back.

But it ought to be.

25 Responses to “Kelo done -as are your rights”

  1. […] deed, public ownership) or to extreme cases of blight. This is simply a terrible ruling. Say Uncle in understandably furious. […]

  2. CL says:

    No apologies needed.

  3. Blake says:

    Everyone I’m talking to is exploding over this! I haven’t seen this kind of emotion over a Supreme Court issue…well…ever!

    People that don’t even care about politics are in on it as well!

    You can just read some of the quotes I’ve posted from people I’ve talked to in the past few minutes over this…

  4. cube says:

    just caught this from blakes site, and was coming over here to see what you would say.

    If this ever happens to me,….well I do not know what i would do.

  5. Big Daddy says:

    I honestly don’t think I’ve been so angry over ANYTHING in a long long time. I don’t think this is going to end well. FUCKERS!!!!

  6. Kirk says:

    Amazing ehh… I posted on it also…

    Hope that old geezer kicks it before bush leaves office…

    we need another voice for the constitution on the bench.

  7. Kirk says:

    My bad, it looks like the old geezer was on the people’s side…

  8. Yosemite Sam says:

    We are no longer a nation that is governed by a Rule of law. It is a Rule of men and I am beginning to realize that it has probably been that way for a long time. They are just more brazen about it now.

  9. gunner says:

    All I feel is a sickness in the pit of my stomach.

  10. Les Jones says:

    Let’s bulldoze the five justices’ homes to build gas stations.

  11. _Jon says:

    Sickening. Depressing. Maddening.

    When the National Socialists took over in Germany, they declared much property to be used at the discretion of the government.

    Isn’t this the same thing?

  12. Miss O'Hara says:

    This is sick. It’s OUTRAGEOUS. I’m just…nauseated. And absolutely furious.

  13. Drake says:


  14. John says:

    Welcome to the Union of Socialist States of America — the U.S.S.A.

    Weren’t we guaranteed “Life, Liberty, and Property” somewhere? Yet now we find ourselves with an anti-life, anti-liberty and now anti-property government.

  15. Justin says:

    sounds like another revolution is in order…

  16. Eric says:

    .. Les Jones’ idea is the best I’ve heard so far…

  17. Andrew says:

    I, for one, am done lubricating my ass for these nanny-state dickheads. Any candidate forum, any time I meet a politician, I am going to ask them what they’re doing about this. Motherfuckers.

  18. Jay G says:

    Looks like it’s time to buy the WASR-10.

    And something with looong reach and a scope.

  19. tgirsch says:

    I’m not at all happy about this either, but I’m not sure it warrants Jon and John going a Durbin/Godwin on it, either.

    What’s intriguing to me is that Kennedy — normally on the conservative end of the spectrum — ruled with the majority. I’d like to see his concurring opinion (summation here.)

  20. CL says:

    Here’s a link to the html version of Kennedy’s opinion.

  21. Robert says:

    Silly me, I noticed the increasing slippery slope into slavery…I just didn’t think it had a trap door.
    Just think: First amendment: Nude dancing is free speech, but don’t critisize a congressman 60 days before an election. 4th Amendment: the TSA is searching everyone and the appraisal district owns your house. Second Amendment: We’re all felons.

    About all that is left is quartering troops in our homes.

  22. tgirsch says:

    OK, I’ve skimmed the rulings and read the dissents, and there are no two ways about it: this ruling sucks. Imagine that: the Supreme Court managed to get liberals, conservatives, and libertarians to agree on something.

  23. You still don’t get it. The Constitution explicitly says that they can take anything you own anytime they deem necessary. And even if it didn’t the fact that the Constitution was imposed on people who were not party to it implicitly asserts unlimited power over them from the beginning. This is no betrayal of the Constitution, this is the *flowering* of the Constitution.

  24. M. Simon says:

    Rigts of way are very important and exits as part of the common law.

  25. I Used To Own A House

    You and I no longer own homes. We occupy them. We pay the bank every month for the privilege of living there as long as the government wants to let us.