Thursday, June 23, 2005

“…Who among us can say she already makes the most productive or attractive possible use of her property? The specter of condemnation hangs over all property. 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… Finally, in a coda, the Court suggests that property owners should turn to the States, who may or may not choose to impose appropriate limits on economic development takings… This is an abdication of our responsibility. States play many important functions in our system of dual sovereignty, but compensating for our refusal to enforce properly the Federal Constitution (and a provision mean to curtail state action, no less) is not among them… As for the victims, the government now has license to transfer property from those with fewer resources to those with more. The Founders cannot have intended this perverse result. ‘That alone is a just government,’ wrote James Madison, ‘which impartially secures to every man, whatever is his own.’ – Supreme Court Justice O’Connor, adroitly providing the dissenting opinion in Kelo vs. New London