[Soul of the South]

Kelo vs. City of New London should also get another look. Using eminent domain to facilitate the transfer of property from one private owner to another is blatantly unconstitutional.

[KarlInOhio]

Although that was an awful decision, it was fun the day it was issued with Democratic Underground cursing all the Republican Supreme Court justices who voted for it before they realized that the decision came from the Democrats on the court. Then they went into a flurry of cognitive dissonance.

[sauropod]

+1000! It was an Abomination, no question.

[Carry_Okie]

Using eminent domain to facilitate the transfer of property from one private owner to another is blatantly unconstitutional.

The taking was horrible, no doubt. Yet the legality of it hinges upon the idea that deciding what constitutes an illgal taking is a Federal power. If one incorporates the Bill of Rights, that puts the Feds in charge. Leaving it as a State power puts Natural Law competition in charge. That means some States will have even more stringent protections for private property. And we all get to see what happens to those that don't.

In other words, while the taking was an abomination, Kelo may have been correctly decided legally. See: Kelo & the 14th Amendment: Exploring a Constitutional Koan