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mellomc
It's all about the "U"! Love us or hate us, you will respect us.
 

I spent the day telling people about yesterdays Supreme Court ruling.  Everyone could not believe what the decision was and were extremely appalled.  Everyone exibited the same response as I did when I heard about it.  Problem is, though, none of them wanted to do anything about it.  I just don't understand that.  If every one would just take time out to make a phone call, it would matter.  We as Americans need to make a lot of noise about this.  The Supreme Court has changed the meaning of using eminent domain for public use as written by the Constitution and it is not good for the country. 

As written, the Fifth Amendment is:

Article [V.]

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.


What is at issue hear is the definition of "Public Use" which as defined by LawEncyclopedia.com is:

 

public use

n. the only purpose for which private property can be taken (condemned) by the government under its power of eminent domain. Public use includes: schools, streets, highways, hospitals, government buildings, parks, water reservoirs, flood control, slum clearance and redevelopment, public housing, public theaters and stadiums, safety facilities, harbors, bridges, railroads, airports, terminals, prisons, jails, public utilities, canals, and numerous other purposes designated as beneficial to the public.

I see no where in the legal definition of public use the words "tax revenue" being written.  The Supreme Court see's things differently.  The majority feel that, as written by Justice Stevens,

No. 04.108

_________________

SUSETTE KELO,

NEW LONDON, CONNECTICUT,

ET AL., PETITIONERS v. CITY OFET AL.

ON WRIT OF CERTIORARI TO THE SUPREME COURT OF

CONNECTICUT

[June 23, 2005]

JUSTICE STEVENS delivered the opinion of the Court.  In 2000, the city of New London approved a development plan that, in the words of the Supreme Court of Connecticut, was .projected to create in excess of 1,000 jobs, to increase tax and other revenues, and to revitalize an economically distressed city, including its downtown and waterfront areas.


and concluded in the decision,

As the submissions of the parties and their amici make clear, the necessity and wisdom of using eminent domain to promote economic development are certainly matters of legitimate public debate. This Courts authority, however, extends only to determining whether the City.s proposed condemnations are for a public use within the meaning of the Fifth Amendment to the Federal Constitution. Because over a century of our case law interpreting that provision dictates an affirmative answer to that question, we may not grant petitioners the relief that they seek.The judgment of the Supreme Court of Connecticut is affirmed.



What this means is that the Supreme Court has broadened the definition of "public use" within the meaning of the Fifth Amendment.  The Supreme Court has ruled that increased tax revenues are part of the definition of "public use".  They decided for the good of the city.  The common good.   Read the enitre decision for yourself as it is available online.  We as citizens can now lose everything we have worked for just to have it  be taken away from us and we cannot do anything about it unless we take action to protect our rights.  It our right as Americans is to own a piece of dirt we call ours.  Our homes.  Our families.  Out lives.  Our heritage.  Our future.  It can now all be taken away from us.  You.  Me.  Your grandfather.  Your Aunt.  Your cousin.  Someone you know.   As far as I can see, that is an opening to socialism.  Plain and simple.  It is un-American and is wrong.  I could spend so much more time about this issue that we now face.  Other areas include "Blighted areas".  "Just compensation".  "Impeachment of the majority Justices".  But all of these I will address at another time.  If my entry bores you, then get interested.  It is about all Americans and our rights as citizens.

I have made mention of who I have emailed in a previous entry.  I will gather the names and addresses of my States Representatives and will be emailing and sending letters to them  I will not sit still about this.  Please take action.  Do the same. You count.  We all count. 




SUPREME COURT OF THE UNITED STATES

_________________

 
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