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Old July 2nd, 2018, 09:27 AM   #1
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Taking Provision Needs Adjusting

Legal, or illegal, abortion will automatically be decided by the states when Roe v. Wade is overturned on the federal level, while eminent domain requires a constitutional amendment to protect property Rights:


No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The federal government and the states determine just compensation. That has to be changed. The U.S. was an agrarian society when the original Bill of Rights was ratified. Today, there are tens of million homeowners who need protection from eminent domain abuses no less than farmers of olde.

Justice Kennedy is retiring from the Supreme Court of the United States. It’s been written about and reported extensively on this site. Reviews of his time on the bench have been and will continue to be written. Speculation on his successor begins apace. But it is almost certain that, if Kennedy is replaced with a Trump nominee, the new median justice is going to be Chief Justice Roberts.

If you want to understand where the Court is going in the near future, that’s what you should be looking at. It is the median justice who plays the role of “swing voter,” and thus shapes the direction of the Court’s 5-4 decisions. As long as the new Justice is farther to the right than Chief Justice Roberts, it doesn’t matter if the new Justice is a duplicate of Justice Thomas or Justice Alito or somewhere in between. So, given that Roberts is now the Court’s fulcrum, the Court may be primed to overrule some old cases, or at the least give them new hearings. One of these cases is Kelo v. New London.
Kelo to Be Condemned? Looking at Direction of Roberts Court
Jack Shapiro
June 29, 2018, 5:41 pm

Trump showed promise until he blew it on eminent domain. Bret Baier pinned him down pretty good:

I doubt very much if conservatives would have voted for Trump had they known he was committed to socialized medicine. (Most of the ACA is still on the books despite a few nibbles around the edges.) Trump did a good job of keeping that one a secret during the campaign. Indeed, he was always good at hiding his warts from conservatives. That is why I distrust him on many issues.

If you listened to Trump in the video you heard a Realtor say he was comfortable with expanding eminent domain for economic reasons in cases like Kelo v. The City of New London.

Trump must know that his view of eminent domain abuses is always aimed specifically at individual property owners; never at the corporations he admires so much. If you listen to wheeler-dealers like Trump talking you will end up believing there is something public-spirited about being forced to sell. That is called half-assed laissez faire economics.

Trump does not know that most Americans believe that eminent domain should be confined to specific projects. Basically, infrastructure like roads, military bases, and so on —— Takings that every American benefits from. I suspect he lost every conservative that heard him say he believes that eminent domain should be used to enrich corporations traded on Wall Street under the pretext of economic common good. Trump should be asked how in hell is a corporation manipulating the power of government to take private property away from individuals any different than the government further enriching wealthy parasites with income tax dollars.

Bottom line: In my book defending America’s sovereignty against the United Nations is the only thing Trump ever had going for him. The verdict is still out on that one.

NOTE: Conservatives did not vote for John “Amnesty for Illegals” McCain or Mitt “Kennedycare” Romney. They will not vote for eminent domain abuses in 2020.

The court’s 5-4 holding in Kelo v. City of New London gave local officials a green light to seize and demolish private homes through eminent domain, then turn the land over to developers itching to build something more lucrative. In Fort Trumbull, those private homeowners included people such as Susette Kelo, a local nurse who bought her little Victorian cottage on the Thames River because she loved its waterfront view; Wilhelmina Dery, who was born in her house on Walbach Street in 1918 and had been living there all her life; and Pasquale and Margherita Cristofaro, whose home on Goshen Street was the second New London property they lost to eminent domain, the first having been taken 30 years earlier because the city intended to construct a seawall. (The seawall was never built.)
Eminent disaster
Homeowners in Connecticut town were dispossessed for nothing
By Jeff Jacoby Globe Columnist March 12, 2014

There have been numerous abuses of eminent domain. After Kelo v. City of New London a few states did pass some laws that shielded private ownership from eminent domain abuses.

Eminent domain has been a smoldering issue for a long time. The problem has been that each abuse is local; so the national media did not report eminent domain cases until 60 Minutes did a good piece a few years ago. The Supreme Court wrongly deciding Kelo is probably the only reason a lot of us are now aware of eminent domain abuses.

Port Chicago, California in the early 1960s was possibly the worst eminent domain abuse in modern times. In that land grab the government took an entire town under the pretext of enlarging the Navy Base. The government took —— then turned around and sold the land to developers. The property was not confiscated to enlarge a Navy Base.

Attorney Melvin Belli (1907 - 1996), who was famous for raising the Jolly Roger over his office building in San Francisco when he won a case. He lost the case for the people of Port Chicago who were ripped off. The Port Chicago case never got to the US Supreme Court because the infamous Ninth Circuit Court of Appeals refused to hear the appeal.

NOTE: I was on ships going to Port Chicago to pick up ammunition during the Vietnam War. Here is a forgotten incident from WWII:

Port Chicago disaster

Just a reminder that “swing-vote” Associate Justice Anthony Kennedy voted against private sector property owners:

Kelo v. City of New London, 545 U.S. 469 (2005) was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another private owner to further economic development. In a 5–4 decision, the Court held that the general benefits a community enjoyed from economic growth qualified private redevelopment plans as a permissible "public use" under the Takings Clause of the Fifth Amendment.

The case arose in the context of condemnation by the city of New London, Connecticut, of privately owned real property, so that it could be used as part of a “comprehensive redevelopment plan.” However, the private developer was unable to obtain financing and abandoned the redevelopment project, leaving the land as an undeveloped empty lot.

Possession may very well be 9/10ths, but Kelo showed that government parasites get 9/10ths while private sector property owners get zero percent.

The late Justice Antonin Scalia said it best, warning a ruling in favor of the city would destroy “the distinction between private use and public use,” asserting that a private use that provided merely incidental benefits to the state was “not enough to justify use of the condemnation power.”
A timely (cinematic) tale of eminent-domain abuse
Posted By George Escobar
Published: 04/21/2018 at 7:24 PM

A timely (cinematic) tale of eminent-domain abuse
Finally, throw in EPA regulations and all private property Rights belong to the government along with real property.
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Old July 3rd, 2018, 08:11 AM   #2
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Join Date: May 2018
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Originally Posted by Flanders111 View Post
Trump showed promise until he blew it on eminent domain.

This one sentence caught my attention:

Second, Kelo tells us Trump defaults to defense of government rather than liberty.
Donald Trump's weird love affair with eminent domain
Bonnie Kristian
August 29, 2016

Donald Trump's weird love affair with eminent domain
Trump’s support for economic eminent domain is exactly the same as United Nations economic refugees. Maybe that is why he never says anything about repelling an invasion by U.N. refugees.

Both Trump and the U.N. advocate big government authority over liberty. In Trump’s world abolishing individual liberties with eminent domain is a small price to pay for big government.

Incidentally, Trump pulled a swift one with Nikki Haley:

Trump and Haley made me antsy on her first day on the job:
Bureaucrats and diplomats at the United Nations are scrambling to adjust to the new Trump administration. One thing seems certain. The Obama days of wine and roses for the UN are over. The new U.S. ambassador to the UN, Nikki Haley, told reporters on Friday, upon entering UN headquarters for the first time in her new role, “you are going to see a change in the way we do business.” She added that the Trump administration “is prepared and ready to go in – to have me go in, look at the UN, and everything that’s working, we’re going to make it better; everything that’s not working, we’re going to try and fix; and anything that seems to be obsolete and not necessary, we’re going to do away with.” For anyone whom might doubt that the Trump administration means business, Ambassador Haley made it clear that the administration would be “taking names” of “those who don’t have our back.”
Ending Business as Usual at the United Nations
By Joseph A. Klein
January 28, 2017

Let me cut to the chase. Media mouths go out of their way to portray Haley standing up to United Nations filth. In fact, she said making the U.N. work better when passing H.R. 193 is the only cure for that disease.
Who Signs It?

There is nothing wrong with Donald Trump blowing his own horn throughout the video, but his opening remarks identify the real Trump:

At the time, he said he was a “big fan” of the United Nations and said he had the Trump World Tower luxury apartment building constructed across the street from the U.N. because he liked it so much.

“I’m a big fan, a very big fan of the United Nations and all it stands for,” he said. “I can’t speak as to what’s been happening over the last number of years because it certainly hasn’t been good, but the concept of the United Nations and the fact that the United Nations is in New York is very important to me and very important to the world, as far as I am concerned.”
Here Are All the Times Donald Trump Bashed the United Nations Before Speaking There
By Maya Rhodan
September 18, 2017

Donald Trump at the U.N.: Here's Everything Trump Has Said | Time
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Old July 15th, 2018, 04:36 AM   #3
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Originally Posted by Flanders111 View Post
Eminent domain has been a smoldering issue for a long time. The problem has been that each abuse is local; so the national media did not report eminent domain cases until 60 Minutes did a good piece a few years ago. The Supreme Court wrongly deciding Kelo is probably the only reason a lot of us are now aware of eminent domain abuses.

So how come Democrats are scared witless that Kavanaugh might be the vote that sends abortion-on-demand back to the states? but not a peep out of the baby butchers if Kavanaugh defends property Rights:

A case has been submitted to the U.S. Supreme Court that gives the justices the opportunity to stop governments from taking private property and giving it to a “favored” competitor, and then hiding the process under the guise of “economic development.”
Stop! Government takes property to give to competitor
Posted By Bob Unruh On 07/14/2018 @ 7:27 pm

Stop! Government takes property to give to competitor
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