Friday, June 24, 2005

More On

The opinion is here.

The Fifth Amendment.

Concerned about your property rights? Check out The Institute for Justice and Castle Coalition.

A dedicated blog.

Some discussion. More discussion.

Even more discussion. How about some more discussion? And more, uh, discussion?

What can we now look forward to? This. And this.

Finally, George Will's summary is great:

The question answered yesterday was: Can government profit by seizing the property of people of modest means and giving it to wealthy people who can pay more taxes than can be extracted from the original owners? The court answered yes.
UPDATE: A proposed constitutional amendment at Yippi-Ki-Yay!


At 3:41 PM, Blogger a former european said...

Like I've been saying for years, SCOTUS has been acting like an oligarchy of aristocrats, making pronouncements of law under the apparent doctrine of divine right rather than interpreting the Constitution. The arrogance, rot, and decay has been accelerating year after year.

How is SCOTUS any different from Louis XIV of France? "L'etat c'est moi" indeed.

At 3:44 PM, Blogger KJ said...

Well, while this is one of the really bad decisions, at least we can still fight it. The issue is now in your local and state legislatures. Unlike some activist opinions, the Court left it in OUR hands.

Get busy protecting yourself and your property with state constitutional amendments.

At 6:58 PM, Blogger a former european said...

Until SCOTUS rules those provisions or laws unconstitutional.

When the law of the land is based upon the daily whims, fancy, or caprice of 5 unelected persons, are we really a "nation of laws" anymore?

To dredge up an old argument we had from Scrappler days, KJ, what if SCOTUS decides to reinstitute slavery? I know there are amendments prohibiting this, but SCOTUS has long abandoned the "plain language" of the Constitution for their own personal political beliefs instead.

They could just say that the amendment abolishing slavery doesn't REALLY mean the abolition of slavery (perhaps due to some "penumbra" or "emanation" from the Constitution as a whole).

At 7:27 PM, Blogger tee bee said...

KJ, do you remember my story about the township and zoning? I'd like to be hopeful and say, "Well, at least we can wrastle it at home," but power changes people, and it ain't pretty. I never believed in altruism, even when I was a humanist, and my experiences with those in charge confirm that instinct.

In my first post about this ruling, I mentioned the problem of a relatively affluent society and "creep." Too many people don't care, and those in position to make decisions are too prone to reprobacy of a number of forms. It may be a slow slide, but it's pretty much downhill from anywhere you're standing.

At 8:28 PM, Blogger KJ said...

I'm not trying to be optimistic here. But amendments to prevent this takings that are then handed over to private development have been passed in about 5-10 states as I understand it. It can be done.

And afe, not to repeat myself from my Scrappler days (FYI, that is now called "TOB" [the other blog] in these circles) but activism has some practical limits. It is one thing to limit or expand potentially vague meanings of the language. What can one do to 13th Amendment in that direction? Maybe debtors prison, but not full blown slavery. And it would never be "required." The states would have the power to limit slavery. The activism comes in expanding the definition of slavery to mean "employment contracts" or something like that.

Besides, that is hypothetical without an answer. The 13th amendment couldn't be clearer -- what should I say? Besides, slavery was never a judicial creation -- legislatures created it -- you think slavery is going to pass in the local legislatures?

Anyway, check out for my discussion on some of these points.

At 10:45 AM, Blogger Pile OnĀ® said...

That is a pretty good proposed amemdment. But the idea of amendments is discouraging to me, I mean how do you make the language any clearer than some of the language they already ignore?

At 9:35 AM, Blogger Jesse said...

This comment has been removed by the author.

At 9:39 AM, Blogger Jesse said...

You might update your link to Amendments atthe top of the post.


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