June 24, 2005
"Nor shall private property be taken for public use without just compensation"
I know I don't normally post about politics anymore, but this George Will column distills exactly what I think about yesterday's Supreme Court ruling in Kelo.
Yesterday was a bad day for liberty. And we will be suffering from the consequencees for decades to come.
As a sports aside, I suspect that this will make it that much easier for politicians to seize land and property that gets in the way when your favorite local sports owner wants a new arena or stadium. And that's bad for everybody.
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I think Orin Kerr pretty much nailed this:
"The opinions in Kelo remind me a lot of the opinions in Gonzales v. Raich. The Court has once again reaffirmed the academic common wisdom — in Raich, that the commerce clause power is virtually limitless, and in Kelo, that almost everything is a public use. Both cases involved the same type of line-drawing challenge, in which the Constitution requires a line to be drawn but it's pretty hard to draw such a line in practice. (It's difficult to distinguish interstate commerce from intrastate commerce and commerce from non-commerce, and it's difficult to distinguish public use from private use.) In both cases, the Stevens majority opinion recognized that a line existed in theory, but put it so far out of the way that it won't bother anyone."
I would add Eldred to the mix. Other than that Stevens dissented there.
Posted by:
at June 24, 2005 10:58 PM
Just wait.... This isn't really knew with pro sports but I just can't wait for the day when you hear about Wal Mart trying to get property to build new stores....
And I believe that day is going to come... They want to expand and further saturate markets they are already in, and with this ruling I coudl see them trying to get good locations by way of eminent domain....
Posted by:
at June 26, 2005 02:47 PM
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