Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Understanding ‘Kelo’: why Justice Souter should be praised
New Hampshire Union Leader ^ | August 3, 2005 | Peter J. Smith

Posted on 08/03/2005 2:23:53 PM PDT by Past Your Eyes

CRITICISM of the Supreme Court’s recent decision in Kelo vs. New London, which permitted the Connecticut city to seize several homes to clear the way for a proposed economic revitalization plan, has become personal. According to an Associated Press article published last week and an article in the July 16 edition of the Union Leader, “people from across the country are joining a campaign to seize Supreme Court Justice David H. Souter’s farmhouse to build a luxury hotel.”

Justice Souter did not write the decision in Kelo, but he joined Justice Stevens’ majority opinion. The campaign to seize his property began as the idea of a man whose views about government seem to be a bit out of the mainstream, but it has tapped into a deep well of public resentment at the court’s decision. Much of that resentment, however, is the product of a serious misunderstanding of the court’s decision. More ominously, the campaign to punish Justice Souter personally is the latest instance of a troubling recent trend of threats directed at judges who issue controversial decisions.

(Excerpt) Read more at unionleader.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; News/Current Events; US: New Hampshire
KEYWORDS: connecticut; davidsouter; domain; eminentdomain; kelo; kelodecision; newlondon; praise; souter
Navigation: use the links below to view more comments.
first 1-2021-28 next last
Mr. Smith, from his lofty perch at GWU Law School, is pretty sure the we, great unwashed masses that we are, don't have the mental capacity to realize that Mr. Souter et al, were really doing us a favor.
1 posted on 08/03/2005 2:23:54 PM PDT by Past Your Eyes
[ Post Reply | Private Reply | View Replies]

To: Past Your Eyes
Understanding ‘Kelo’: why Justice Souter should be praised
  Posted by Past Your Eyes
On News/Activism 08/03/2005 2:23:53 PM PDT


New Hampshire Union Leader ^ | August 3, 2005 | Peter J. Smith
CRITICISM of the Supreme Court’s recent decision in Kelo vs. New London, which permitted the Connecticut city to seize several homes to clear the way for a proposed economic revitalization plan, has become personal. According to an Associated Press article published last week and an article in the July 16 edition of the Union Leader, “people from across the country are joining a campaign to seize Supreme Court Justice David H. Souter’s farmhouse to build a luxury hotel.” Justice Souter did not write the decision in Kelo, but he joined Justice Stevens’ majority opinion. The campaign to seize his property...
 

Understanding ‘Kelo’: why Justice Souter should be praised
  Posted by grassboots.org
On News/Activism 08/03/2005 11:00:42 AM PDT · 50 replies · 1,459+ views


2 posted on 08/03/2005 2:25:23 PM PDT by sionnsar (†trad-anglican.faithweb.com† || Trad-Ang Ping: I read the dreck so you don't have to || Iran Azadi)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Past Your Eyes
An impressive hot steaming pile of bovine fecal waste from an arrogant mega-deceitful shyster.


3 posted on 08/03/2005 2:26:21 PM PDT by FormerACLUmember (Honoring Saint Jude's assistance every day.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Past Your Eyes
An impressive hot steaming pile of bovine fecal waste from an arrogant mega-deceitful shyster.


4 posted on 08/03/2005 2:26:21 PM PDT by FormerACLUmember (Honoring Saint Jude's assistance every day.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Past Your Eyes; Admin Moderator
already posted, and lambasted, here

by the way, welcome to FreeRepublic

5 posted on 08/03/2005 2:26:33 PM PDT by King Prout (and the Clinton Legacy continues: like Herpes, it is a gift that keeps on giving.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Past Your Eyes
More ominously, the campaign to punish Justice Souter personally is the latest instance of a troubling recent trend of threats directed at judges who issue controversial decisions

If making Souter feel the ramifications of his decisions is so troubling, why am I smiling so much?

6 posted on 08/03/2005 2:28:16 PM PDT by old and tired
[ Post Reply | Private Reply | To 1 | View Replies]

To: Past Your Eyes
In practice, homeowners often receive more than fair market value because of a recognition that an individual’s home is generally worth more to him than the market will bear.

What the good perfessor fails to address is that property is an INVESTMENT, and the purpose of the siezure is precisely to pay the current owners less than the value of the property to the new owner.

If the land has another use, its value has increased, but the town fathers chose to steal that increased value and give it to Pfizer.

7 posted on 08/03/2005 2:28:49 PM PDT by E. Pluribus Unum (Drug prohibition laws spawned the runaway federal health care monopoly and fund terrorism.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: King Prout

Sheesh, how did I miss that? Sorry:( It's about a full-time job to keep up with this place.
Thanks for the welcome.


8 posted on 08/03/2005 2:30:45 PM PDT by Past Your Eyes (Suffering fools reluctantly since 1947.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Past Your Eyes
Justice Thomas respectfully disagrees.

His brilliant dissent clearly explains why Peter J. Smith is dead wrong.

I'm sure that Peter Smith will dismiss Thomas' argument because he is well . . . a "conservative."

But to assume, as one must from Smith's comments, that Justice Thomas (not to mention Scalia and Rehnquist and O'Connor) do not unserstand the issues at stake is preposterous.

9 posted on 08/03/2005 2:33:11 PM PDT by Maceman (Pro Se Defendant from Hell)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Past Your Eyes
Of course, the homeowners in Kelo (like most of us) undoubtedly would prefer to keep their homes, but an argument that they therefore shouldn’t have to relinquish their homes is an argument against the very existence of the eminent domain power itself — which the Constitution presupposes to exist — not against the court’s decision in Kelo.

Boy oh boy, can this be an example of this guy's reasoning ability.

10 posted on 08/03/2005 2:33:48 PM PDT by Bahbah
[ Post Reply | Private Reply | To 1 | View Replies]

To: Past Your Eyes
...93 percent of New Hampshire voters disagreed with the Kelo decision. ... That is their choice [electing local
officials that won't pull a SCOTUS/Kelo], ... And that is what the Court — and Justice Souter — recognized in Kelo.

No, it means 93% of NH voters can read, and less than half of the lofty USSC can.

11 posted on 08/03/2005 2:34:17 PM PDT by Calvin Locke
[ Post Reply | Private Reply | To 1 | View Replies]

To: Past Your Eyes
.... of threats directed at judges who issue controversial decisions.

Boy, I wonder why that could be? (/sacrasm)

Acutally, seizing his house under his own idiot ruling is called "justice". What some of our Founding Fathers used to do to people like him involved tar and feathers. In extreme cases, a short drop and a sudden stop from a short piece of knotted hemp rope was involved.

12 posted on 08/03/2005 2:34:59 PM PDT by Dead Corpse (Never underestimate the will of the downtrodden to lie flatter.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Past Your Eyes

it happens.

use the title-search function.
bear in mind: sometimes it fails


13 posted on 08/03/2005 2:35:00 PM PDT by King Prout (and the Clinton Legacy continues: like Herpes, it is a gift that keeps on giving.)
[ Post Reply | Private Reply | To 8 | View Replies]

To: Past Your Eyes
In practice, homeowners often receive more than fair market value because of a recognition that an individual’s home is generally worth more to him than the market will bear.

That is a totally bogus argument! Every place where I have lived, if the property has to be taken by eminent domain, the landowner gets minimal value for it. In my town there was a hold out a few years ago. The city had offered a man $60 for his land and house (the road widening would make the home uninhabitable). He refused because he could not relocate for that price and they condemned the property. They ultimately paid him $22,000 and tore down his house, leaving a little strip of land in the back that could not be built on.

Regarding the rest of this article, governments are moving like gangbusters in the guise of "redevelopment" to force less wealthy, or less desireable, landowners off their properties, and our legislatures seem to have little success in stopping this trend. We must turn this around, or nobody's home will be worth anything.

14 posted on 08/03/2005 2:37:38 PM PDT by afraidfortherepublic
[ Post Reply | Private Reply | To 1 | View Replies]

To: Maceman

This man is a law professor!!?? It's ok to take the land because the owners are compensated? Compensation is a seconday issue here. First - is there a true public purpose for the taking. An increase in proprety taxes from a private development is not even close. Lastly, its funny to hear one of these libs say that the local governments habe all the answers when they usually support big - federalized government and wacky judges.


15 posted on 08/03/2005 2:38:16 PM PDT by wewereright
[ Post Reply | Private Reply | To 9 | View Replies]

To: Past Your Eyes
First, criticism of the decision has almost universally omitted the crucial fact that the city of New London is now obliged to pay the homeowners “just compensation.”

Perhaps Mr. Smith ought to actually READ the Kelo Decision, which never addresses the issue of "just compensation" at all.

16 posted on 08/03/2005 2:39:03 PM PDT by Maceman (Pro Se Defendant from Hell)
[ Post Reply | Private Reply | To 1 | View Replies]

To: afraidfortherepublic

THat should have read $60,000, not $60.


17 posted on 08/03/2005 2:40:17 PM PDT by afraidfortherepublic
[ Post Reply | Private Reply | To 14 | View Replies]

To: E. Pluribus Unum
Well.....More or less.

But the Professor reduces everything to money. Forget love of a place, memories etc....

To the socialists...All problems can be resolved with money.

18 posted on 08/03/2005 2:40:22 PM PDT by squirt-gun
[ Post Reply | Private Reply | To 7 | View Replies]

To: Past Your Eyes
a troubling recent trend of threats directed at judges who issue controversial decisions."""

Nobody is "threatening" Souter with harm -- just with having his property treated like he'd have Kelo's property treated. Why can Souter do that to somebody, but nobody can do that to Souter?

19 posted on 08/03/2005 2:40:58 PM PDT by churchillbuff
[ Post Reply | Private Reply | To 1 | View Replies]

To: Maceman

The most amusing point he makes is - its bad to use this interpretation against one of these judges when he actually supports the interpretation that allows it to happen!


20 posted on 08/03/2005 2:41:36 PM PDT by wewereright
[ Post Reply | Private Reply | To 16 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-28 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson