Supreme Court rules that private land can be seized and turned over to private developers. The 5-4 ruling, which is deeply controversial and will be subject to incredible debate, was against a group of New London, Connecticut, homeowners who refused to sell their homes so an office building, riverfront hotel, and other commercial structures. The court ruled that, just as government can force the sale of private property to make way for public (government) projects, private developers can also force the sale of property if the project serves a "public good". Interestingly, it was the left-leaning portion of the court that determined private property can be subject to eminent domain-like laws, while the right wind opposed.
Of course, (Justice Stevens) wrote, the city would be barred from taking one's property and transferring it to another private owner strictly for the latter's benefit.
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In a bitter dissent, Justice Sandra Day O'Connor said the majority had created an ominous precedent. "The specter of condemnation hangs over all property," she wrote. "Nothing is to prevent the state from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory."
"Any property may now be taken for the benefit of another private property, but the fallout from this decision will not be random," she wrote. "The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms.
source.
my take: I have long held the belief that individuals and companies (or, more accurately, executives acting on behalf of companies) should have comparable rights. This system no longer exists, because one man who has a company in his name now has rights
over his neighbor.
This decision reeks of private interest and the unjust confiscation of private property from the now-defenseless for the benefit of the rich. There are few, if any, cases where a private developer's plans can be said to
not be for the public good. Also, private developers do not always achieve, or even follow, their plans. There is no recourse if the developer lies about its intentions; at least, any recourse is buried in the law and analysts have yet to find it. The corruption and theft made possible by this ruling is easy for me to see: a land developer realizes that an area will increase significantly in value over the next several years, so it forces homeowners in the area to sell their land at its current (and low) price. After spending little on the land, which has increased in value due to outside influences, the developer can sell the land for a notable profit. Thus, the homeowners are cheated out of the increase in land value.
However, there is an important possibility that the court has ignored. Citizens, either individually or as a group, cannot force a developer to give up land, even if that developer is destroying the land (in which case kicking the developer out is in the public interest). I believe that the political split, with the left favoring big business and the right favoring the poor, private citizen (literally, in this case) is incredibly revealing. Most liberals, when reading O'Connor's comments, would swear that republicans decided to favor big business.
I predict that the majority of Americans will disagree, quite strongly, with the court's decision. As a result, democrats in congress may be forced to yield and allow more of Bush's nominees to pass. With any luck, Congress will pass a constitutional amendment that cancels the court's decision.
House approves anti-flag burning amendment.
The House on Wednesday approved a constitutional amendment that would give Congress the power to ban desecration of the American flag, a measure that for the first time stands a chance of passing the Senate as well.
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Supporters said the measure reflected patriotism that deepened after the Sept. 11, 2001 terrorist attacks, and they accused detractors of being out of touch with public sentiment.
"Ask the men and women who stood on top of the (World) Trade Center," said Rep. Randy (Duke) Cunningham, R-Calif. "Ask them and they will tell you: pass this amendment."
But Rep. Jerrold Nadler, D-N.Y., said, "If the flag needs protection at all, it needs protection from members of Congress who value the symbol more than the freedoms that the flag represents."
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By most counts, 65 current senators have voted for or said they intend to support the amendment, two shy of the crucial tally. More than a quarter of current senators were not members of that chamber during the last vote.
The amendment has been attempted several times in the past, but could not pass both houses. Congress first attempted to outlaw flag desecration after a Supreme Court ruling in 1989 (5 justices for, 4 justices against) which determined flag desecration is a form of free speech. After the ruling, and Congress's federal ban on flag desecration, nearly 1000 American flags were burnt in Washington, DC, as a protest. Among the protestors was the man who won the original Supreme Court case; several of the participants were arrested, and the Supreme Court again overturned the federal law. The Supreme Court is not able to overturn any part of the Constitution, so passage of this amendment will be final – unless another amendment removes it.
Republicans may use this amendment, and their support of it, as a show of patriotism and to claim opponents are anti-American. Democrats may claim that republicans are destroying a freedom of expression to garner political support, and that the freedom which the flag represents is more important that the preservation of the physical flag.
source.
My take: sadly, this issue will be clouded with politics. Some may claim that flag burning is similar to cross burning because it is reminiscent of terroristism like cross burning references the Klan. 9/11, to republicans, appears to be the perfect reason that this measure should pass now where it failed years ago.
However, democrats are exactly right – at least thus far. 9/11 did not teach Americans that the flag is sacred. Rather, it taught us that our freedom is sacred, while our symbols are expendable. Further, from our observations of the Muslim world, we see how veneration for a symbol or belief can cause us to destroy our own freedoms and, by extension, our way of life. Democrats will be shocked to find themselves in the majority, and with some of the most ardent and right-thinking conservatives backing them up. I can not wait to see the horror on a few republicans' faces.
Democrats may argue that flag burning, though stupid, is a freedom, and stupidity is not illegal in America. Americans reluctantly cherish their ability to protest in any fashion they want, and are determined to keep those freedoms for the minor chance that they must be used. America maintains a huge military for the same reason; we do not need such incredible power, but we have it 'just in case'. The left's arguments will be especially influential with conservatives, who have often claimed "I disagree with what you say, but I will fight for your right to say it".
Personal note: I cannot describe how much I care about this issue. I fear that a blind, unthinking search for patriotism may result in the passage of this amendment. I wrote this letter to my congressman:
Dear sir,
I have long followed the slogan "I disagree with what you say, but will fight to the death for your right to say it". However, I believe the proposed constitutional amendment banning desecration of the flag attacks this critical part of America. I value my rights, and though I never plan to use them to their furthest extent, I wish to preserve them "just in case".
I believe the majority of my fellow Americans will be glad to abandon partisan differences to defend this right because it exemplifies our tolerance for that with which we disagree. Contrary to popular belief, 9/11 did not teach us to be nationalist or to venerate the flag. Rather, it forced us to examine the middle east, where we saw the horrors caused by abandoning freedoms in favor of an ideology.
Sir, you may believe that banning flag desecration may be a way to support America's troops. I am sorry to inform you that this belief is tragic. America's troops are not fighting for the flag, they are fighting for freedom. Banning flag desecration would kill in the homeland what our troops are fighting for in the front lines.
Please, seek to understand that freedom is the basis of the American way of life. Reduction of any freedom destroys a part of this way of life, and no claim of patriotism will ever serve as an excuse.
Please carefully consider the issue and tell your congressmen what you think. It is imperative that America's politicians see how the American people understand this issue.
By the way, the Republicans' easy way out of this fiasco: non-flammable flags.