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June 23, 2005
Kelo et al. versus New London et al.
As I write, I can still scarcely believe why I am writing: to dicuss the fact that the Supreme Court actually sided with the city of New London, CT. in Kelo et al. v. New London et al.
Mark my words: this is, in its' own vein of consitutional controversy, as bad a decision as Dred Scott. Giving the state the right of eminent domain was, in my view, bad enough: the state is not some disinterested party. It is more often than not an actor with its own agenda, which may or may not happen to coincide with the public good.
And the standard of eminent domain typically applied is ludicrous: they pay you the fair market value of your property? That is what willing sellers get for their property.
But to now say that the government can seize property to transfer it from one private actor to another is irrepsonsible in the extreme. Some predictions:
1. Local government corruption will increase dramatically, as wealthy and connected interests essentially buy eminent domain actions from the state.
2. Given that local government loses all legitimacy when this happens, you will see more and more violence surrounding eminent domain actions. People (like, say cops, judges, developers, public officials, etc.) are going to be killed over this.
3. As the outrageous seizures and evidence of outright corruption begin to pile up, the court will eventually reverse itself on this one.
What does a property right mean, anymore, in America? The rich now have almost unlimited scope for using the power of government to serve their own ends, regardless of whether the property rights of less affluent people stand in the way. The court gave the crucial inch, and now feet will be taken.
Interesting discussions of this can be found here and here.
Is it time for a new Sons of Liberty?
Posted by dag at June 23, 2005 07:12 PM
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