Law

Tom McClintock: Susette Kelo, et al. v. City of New London, Connecticut, et al.

California State Senator, Tom McClintock, R-Thousand Oaks, reacted to yesterday’s U.S. Supreme Court ruling yesterday on Susette Kelo, et al. v. City of New London, Connecticut, et al., “the Supreme Court “broke the social compact by striking down one of Americans’ most fundamental rights.”

“Their decision nullifies the Constitution’s Public Use Clause and opens an era when the rich and powerful may use government to seize the property of ordinary citizens for private gain,” he said. “The responsibility now falls on the various states to reassert and restore the property rights of their citizens.”

McClintock announced he plans to introduce an amendment to the California Constitution to restore the original meaning of the property protections in the Bill of Rights.

“This amendment will require that the government must either own the property it seizes through eminent domain or guarantee the public the legal right to use the property,” he said. “In addition, it will require that such property must be restored to the original owner or his rightful successor, if the government ceases to use it for the purpose of the eminent domain action.”

The blogosphere is aghast at this outrageous and asinine decision.

McClintock is right on the issue, his constitutional amendment will have wide support but what we need is a federal constitutional amendment and new justices on the U.S. Supreme Court.

Update #1

The blogosphere is abuzz a day after the decision.

Michelle Malkin has a good piece: HOME MATTERS: THE DAY AFTER

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The (right side of the) blogosphere’s response to yesterday’s SCOTUS ruling on Kelo v. New London has been stunning. And heartening. Eminent domain isn’t usually the first thing that comes to mind when one thinks “blogswarm.” But the fierce reaction to the decision shows that core economic liberty issues can still unite disparate factions of the right (South Park cons, neocons, Schiavo-cons, whatever-cons) who have been fretting about a conservative crack-up.

My wonk-ish hope is that more attention will be paid to bogus community redevelopment/urban blight eradication/tax increment-financing schemes masquerading as “public use” projects. In the New London case, the private corporate beneficiary was Pfizer, the pharmaceutical giant. In Seattle, it was Nordstrom (reg reqd). Across the country, it’s money-losing multiplexes and luxury stadium deals. In all cases, the losers are taxpayers, homeowners, and small businesses.

N.Z. Bear has created a Kelo topic page to track blog posts related to the ruling.

The Wall Street Journal weighs in on the Supreme Court’s reverse Robin Hoods.

The Kelo Topic Page by NZ Bear is espeically noteworthy (in fact to be mentioned twice).