Saturday, June 25, 2005

Kelo - the future fight

The battle for property rights has been lost at the national level. While this is not surprising considering the case history concerning the topic of eminent domain, it is still disheartening. There are several things that this ruling has impressed on me.

First, judicial nominees are important. I now support whatever action the republican want to take to keep the nominees flowing. Especially, nominees appointed directly to the Supreme Court.

Secondly, I now support term limits on all elected positions and all appointed positions. This problem stems from the fact that men like power and do not give it up easily. You have an old name suffering from CANCER on the Supreme Court, for crying out loud. Is he going to die in office? There is no way the supreme court can react to the public pressure when public out cry over topics like these falls on deaf (literally) ears.

Thirdly, the fight has now gone to the state level. Stronger laws must be passed at the state level. Say Uncle offers this advice, "The fight isn’t over, it just got local. We need to press local and state officials to pass laws that restrict eminent domain. That’s the way you win this one. And it will be a long haul that will probably take decades."

I have a few comments to make to about Uncle's statement. I agree that we will have to take gains on this issue wherever we can. If we can make local laws against it, fine, but we should concentrate on getting laws passed at the state level. I think that is where they will do the most good and protect the most people. Finally, this ruling is going to leave some people out in the cold, but in this case only those who fight it can be saved and only you can fight for yourself. I, also, have a serious problem fighting fights I should not have to fight at the state level. Though we do have a few friends in TN.

Fourthly, there is going to be an upsurge of cases like this because many towns were waiting on this ruling to decide if what they were doing was legal or not. Once that initial boom dies down, the rate of seizures will decline. I think they will then slowly start to rise as developers and cities being to position their selves to take advantage of this ruling.

Fifthly, Say Uncle also says this:
"Also, to my gunblogger buddies who are stating it’s time to hoist the black flag, quoting Jefferson, and calling for revolution: Put up or shut up. Unless you’re on your way to Connecticut right now, the rhetoric will do more harm than good. Actually, being on your way to Connecticut will probably do more harm than good. That’s not to say I don’t appreciate or understand the sentiment, but the fact is that it’s not going to happen and if it did happen, it wouldn’t work. People will shake their heads, nay-say, and bitch but nothing will be done when the bulldozers level Suzette Kelo’s home. People won’t even defend their dogs when the state comes to take them by force . Sure, I made a half-hearted comment about sending guns to Connecticut but its pointless because I can’t send them balls.

Folks can entertain these fantasies of a group of freedom fighters engaging the bureaucratic machine but you will lose. You will die or be imprisoned. Period. The cause needs you to be alive and free not in jail."

I would agree that now is not the time to fight, but it is the time for political action. Though I fully believe that people will be shot over this eventually, it is just a matter of time. You can screw over a lot of people, but when you start messing with their homes (and by extension their families who live in the homes) they will get real upset very quickly. Eventually, the ones wronged will seek revenge.

As a corollary, to the idea of fighting, how much injustice are you willing to watch before you actually step up and take action? The local government can remove you from you land and give it to another private person, legally. I would suggest now would be a good time to buy that gun you don't own, but support in theory. You should also draw a line in the sand on how far is too far for the government to go. My next gun purchase was going to be a shotgun; I think I am going to get a good rifle.

Sixthly, It is time to remember you history lesson.

"The charges of usual offices have been greatly increased; and, new, expensive and oppressive offices have been multiplied.

The judges of admiralty and vice-admiralty courts are empowered to receive their salaries and fees from the effects condemned by themselves. The officers of the customs are empowered to break open and enter houses without the authority of any civil magistrate founded on legal information.
Humble and reasonable petitions from the representatives of the people have been fruitless.
By several acts of parliament made in the fourth, fifth, sixth, seventh, and eighth years of your majesty's reign, duties are imposed on us, for the purpose of raising a revenue, and the powers of admiralty and vice-admiralty courts are extended beyond their ancient limits, whereby our property is taken from us without our consent, the trial by jury in many civil cases is abolished, enormous forfeitures are incurred for slight offences, vexatious informers are exempted from paying damages, to which they are justly liable, and oppressive security is required from owners before they are allowed to defend their right.

The political wars we are about to fight have already been fought, just no one remembers.

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