***** Since Kelo, 'No property is safe.' *****
In view of the STILL ongoing battle in many jurisdictions, including Kentucky, to prevent government abuse of its Eminent Domain power, I thought I post my column , which previously appeared in the Courier-Journal soon after the KELO case was WRONGLY decided by the U. S Supreme Court, on my new blog site, so as to alert those who may NOT understand what is going on with this issue.
Here is my column in its entirety. Enjoy:
"The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence."
Our Founding Father, John Adams, spoke these words to an infant nation reeling from the scars of the tyranny of King George.
In Kelo v. New London, the Supreme Court makes it clear our property is no longer sacred. The decision, which allowed local governments to constitutionally seize our private property for economic development, is an occasion to reflect on Adams' words.
Kelo can now join dubious others, like Dred Scott. Scott can be remembered as a decision that helped instigate the Civil War. Then, the Court wrongly invalidated the Missouri Compromise in order to deny Scott, a slave, his unalienable right to liberty.
Kelo has now wrongly invalidated the "People's Compromise" (by which we ceded our unalienable property right to our government for compensated public uses, such as for road or highway construction) in order to deny us that liberty.
While our Constitution requires a public "use" to seize private property, Kelo required only a public "purpose."
Understandably, this judicial legislating prompted Justice Sandra Day O'Connor to proclaim that no private property is safe.
Until a conservative majority of the Court rights this wrong, we must continually have liberty proclaimed throughout our land, and elect judges and legislators who will protect our property rights -- not covet them.
OSI ONYEKWULUJE
Attorney at Law
Bowling Green, Ky. 42102
Here is my column in its entirety. Enjoy:
"The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence."
Our Founding Father, John Adams, spoke these words to an infant nation reeling from the scars of the tyranny of King George.
In Kelo v. New London, the Supreme Court makes it clear our property is no longer sacred. The decision, which allowed local governments to constitutionally seize our private property for economic development, is an occasion to reflect on Adams' words.
Kelo can now join dubious others, like Dred Scott. Scott can be remembered as a decision that helped instigate the Civil War. Then, the Court wrongly invalidated the Missouri Compromise in order to deny Scott, a slave, his unalienable right to liberty.
Kelo has now wrongly invalidated the "People's Compromise" (by which we ceded our unalienable property right to our government for compensated public uses, such as for road or highway construction) in order to deny us that liberty.
While our Constitution requires a public "use" to seize private property, Kelo required only a public "purpose."
Understandably, this judicial legislating prompted Justice Sandra Day O'Connor to proclaim that no private property is safe.
Until a conservative majority of the Court rights this wrong, we must continually have liberty proclaimed throughout our land, and elect judges and legislators who will protect our property rights -- not covet them.
OSI ONYEKWULUJE
Attorney at Law
Bowling Green, Ky. 42102
Labels: My Op-ed
posted by KYJurisDoctor at 1:45 PM
3 Comments:
LOL, Derek. If for nothing else, it shows them what ordinary folks (like us) have to fear -- and that the fear is REAL!
Wasn't their an effort underway to condemn Justice Souter's home? I remember an article in the Weekly Standard where some NH opponents of Kelo decided they'd give him a taste of his own medicine.
You are right, oh cyberone, but the effort did NOT succeed. It would have been hilarious, though.
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