Kelo: public use, property rights, and taking

I have made it a policy to stay away from posting about political issues and opinions.  I don't plan on changing that policy, but after a weekend of stewing over the ruling by the SCOTUS in the Kelo case, I just have to vent a little. 

I find the Kelo ruling both inexplicable given the plain language of the fifth amendment to the Constitution and highly troubling given the potential impact that giving the green light to property seizures by developer-dominated local governments.  I acknowledge the point made by a number of commentators that this ruling is not a dramatic departure from the overall trend that has developed over the past few decades.  However, I'm very concerned that this is a very public signal that the bar is permanently lowered in regards to the level of justification required for local governments to take property from almost anyone they chose for almost any reason they chose.  We may have been on this slippery slope for a long time but the supremes have all too formally signalled open season.

I'm an optimist regarding the resiliency and strength of our system but there have been a combination of legislative, executive, and judicial branch actions (or in some cases, inactions) over the past year or so that have combined to leave me a little worried.  We have gone through these cycles of extreme partisanship, feckless pandering (by both parties), and judicial cluelessness before in our history - but rarely have all three branches been in a down cycle at the same time.  Time will pull us through this cycle as the public converges on greater consensus on some of the issues that separate us and as a few public officials realize that we're looking for them to step forward and lead - I just hope that we don't do too much damage to the system in the meantime. 

Anyway, enough of that.  For more on the Kelo ruling and on opinion regarding what it means, go check out this summary and collection of links on Instapundit, this opinion by Stephen Bainbridge, the collection of Kelo links on the truth laid bear, or do a search of Kelo on technorati. 

As to what we should do about all of this, Jeff Cornwall has some thoughts about taking action at the local level.  I agree with Jeff that the decisions regarding takings of specific properties are always local (city, village, county, etc.) decisions.  So a grassroots effort is required to offset the impact of Kelo.  However, I wouldn't go so far as to suggest that we should not try to get this dangerous precedent reversed or constrained at the national level.  I think we should be pushing in parallel at both levels. 

For an example of one grassroots effort, check out Bill Hobbs' weblog (just scroll down).  Bill emailed all six announced candidates for the U.S. senate seat in Tennessee asking them their positions on Kelo.  So far, three of the six have replied and Bill has posted their responses.  Good work Bill!

Comments

[J. H. Shewmaker]

We have got to get away from two destructive attitudes in American society.

The first of these is the "What's in it for me" attitude. Whether it be corporations that want to use governmental force to take what others do not want to give OR welfare recipients who like the idea of ever escalating taxes because it means more money for them.

The second is thinking that short-term positive results never has long-term disastrous consequences.

These two attitudes are creating a downward societal spiral that is going to result in a loss of liberty and a destruction of the economy which may rival the great depression unless we reverse our course.