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The case will immediately be forced to SCOTUS, which will get a do-over on Kelo.

In the original Kelo decision it was appealed directly to the Supreme Court anyway since Article III says that when the state is a party then the Supreme Court has original jurisdiction. The amendment shouldn't be needed.

No reason why a do-over should lead to a different ruling. Nothing in the Constitution gives the federal government the power to define "public use". Therefore it's the state's power on 10th Amendment grounds.

Nothing in the Constitution gives the federal government the power to define "public use". Therefore it's the state's power on 10th Amendment grounds.

I don't disagree, but that's the tail on this wagging dog. The legislation stops federal funding for states that use eminent domain to seize private land for 'economic development.' Deciding where to spend federal money is clearly a Constitutional duty of the Congress. If they had prohibited states from using eminent domain for 'economic development' then they would have been unConstitutional, but all this legislation says is that they're not going to fund it.

Plus, they said that no federal seizures for economic development could be done - another case of Congress directing what the federal government should do and therefore Constitutional - so long as the underlying act is itself Constitutional.

The problem is that the federal government is so involved in every detail of our lives - including in funding lots of things that the Constitution does not explicitly authorize. The unConstitutional thing is funding any 'economic development' whether by the states, or by the federal government itself, unless that 'economic development' clearly fulfills a public need like a military base, where the 'economic development' that follows is secondary to the legitimate purpose of the government.

That is not what the 10th amendment says, regardless, making the claim that a clearly enumerated power isn’t in fact a power because the power isn’t explicitly defined....makes no sense.

That being said, the Kelo decision was patently absurd.