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June 25, 2005

Notes from Ferdy - I Told You So!!

by Ferdinand T Cat

The recent Supreme Court Kelo Decision, which extends the power of eminent domain to economic development, is being greeted with condemnation on the right and on the left. (I'm pretty sure the left is upset, but I can't find any examples right now.)

I want to point out that I warned you people about this problem back in January. For your convenience, I've repeated the text of that article below.

The American citizen's liberty comes not from God, the will of the people, or a covenant with a king. It comes from the limits placed on the power of government by a single document: the Constitution of the United States. It should scare the crap out of everybody that we can't get nine legal scholars to agree on what it means.

Respectfully submitted,

Ferdinand T. Cat


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The problem isn't that legal scholars disagree about what it means. But that they disagree upon how changes can be made.

In general the extreme liberal view is that the Constitution changes when liberals feel it doesn't meet the needs of society. The most conservative say theit doesn't change until amendments are passed.


Posted by: KenS at June 25, 2005 5:24 PM

You are one smart kitty!


Posted by: Beth at June 25, 2005 5:48 PM

The solution to the condemnation to benefit a private developer is to take the profit out of it. Require that the price paid be based on the value as developed.


Posted by: Walter E. Wallis at June 26, 2005 11:59 PM

Beth, your #3 solution, is not a solution. But it may be somewhat effective if crafted well.

Your suggestion shifts the problem from defining "public use" to defining "profit" or "value". But when courts can change definitions the laws mean nothing.

The beauty of the constitution is that it attempted to define what government could and could not do; and make changes hard but possible. The bypass is to contend that definitions are negotiable and mean whatever pleases judges.



Posted by: KenS at June 27, 2005 5:46 PM

Actually, I think you're responding to Walter's idea, not Beth's. Beth's idea is that I'm a smart kitty, which is an undeniable axiom of the universe.


Posted by: Ferdy Author Profile Page at June 27, 2005 11:18 PM

re Ferdy: You are correct. I overlooked Walter's signature and thought Beth wrote his words.

Scalia brilliantly stated what I struggle to express. I paraphrase him roughly thus:

"The liberal judge always has a nice day in court. Whenever he looks at the Constitution he finds it says just what he believes it should say."


Posted by: KenS at June 27, 2005 11:56 PM

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