Bump. Thanks for this post. For those of us who are deeply concerned with protection of Private Property from improper application of Eminent Domain in contravention of the Original Intent of the Founders in the 5th Amendment's Takings Clause, I am registering a warning or a concern:
I think AG (& potential USSC Nominee) Alberto Gonzales is very weak on Private Property Rights and lacks an understanding of orignainl intent of the 5th Amendment's Takings Clause (Eminent Domain) based both upon some cases when he ws at the texas Supreme Ct. (e.g., FM Properties Operating Co. v. City of Austin, 22 S.W.3d 868 (Tex. 2000))
and, more recently and significantly, upon his NOT having joined in the Kelo case on the side of property owner. My understanding ws that he had sided with the League of Cities against Kelo while WH Counsel.
As some have frequently observed, he certainly believes in a "Living Consitution" and is NOT a strict constructionist or an Originalist, but rather tends toward the Activist side, per National Review Online and others.
He has been sharply ciritcal of Priscilla Owen in some Texas Supreme ct. decisons when they were both on that ct. and he has been quoted as being sharply crticial fo Janice Rogers Brown, inclduing being qu0oted by People for the American Way in their ultra-leftist propaganda.
You're welcome. I hoped many would be involved in this thread and would see just how far this goes. I myself(as is obvious) am very, very concerned with my home property rights as I jsut last year became a home owner. The last thing I thought I'd have to worry about was the government taking it. I figured fire.... sinkhole, tornado, snowstorm...... hurricane..... who knows what will happen. But this blindsided me and gave me the same feeling I had on 9/11. That evil, empty feeling. I hate that feeling.
And I agree about AG gonzalez. He's NOT an originalist therefore he doesn't belong on the SCOTUS.