POLITICS & PIRACY:
FEDERAL SUPREMACY TRUMPS PRIVATE PROPERTY RIGHTS
June 23, 2005
You don't have to be a conspiracy theorist to know what just happened. A recent U.S. Supreme Court ruling has effectively neutralized the rights of certain private property owners.
Put it in Context
This decision by the highest court in our land adds momentum to the trend I wrote about in my book, Politics & Patriotism: The Fisk Conspiracy. Handicapping the 5th Amendment, which guarantees general private property rights, is just one more example of the Federal supremacy that seems to be in our not-too-distant future.
Under the guidelines laid down by this legal decision, City and State governments will be empowered to seize privately held land in their jurisdictions. They will then be able to sell this land to developers as they see fit. The intent of the Justices in this case was to bypass the precedent of "imminent domain" which required City and State governments to press their case for land acquisition in court. Removing the private property owner's right to refuse being bought out seemed logical to the Justices who voted in favor of this radical verdict. Doing this, they reasoned, would act as a form of Social Engineering that would lessen inner-city blight and make it more likely that the poor would one day live in better conditions.
This is Judicial Activism at its alleged finest. The very thing that minority Democrats in Congress allege of Republican-appointed judges. This is also a case of Federalism gone wild. A simple Machiavellian strategy to divide and conquer while appearing to champion the Greater Good. The judges who handed down this decision must know what they've unleashed upon us. If they don't, their lack of Constitutional and Historical perspective will surely be proven by what happens to the rest of us over the next few decades.
The two parties which now dominate Capitol Hill don't agree on a lot of things, but; they do agree on the 'need' for increased Federal power. When the time comes, speakers from both parties will step forward with a Federal solution to this problem. They'll call it an accident. Any attempts made by the States to limit the effects of this ruling inside their borders before it does any real damage will be interdicted by a flurry of lawsuits from developers and vigorous Propoganda attacks from their allies in Congress. They win. We lose.
Politics & Patriotism: The Fisk Conspiracy
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