Saturday, September 03, 2005

Property Rights in Question


I have long been concerned with the erosion of the personal rights which were guaranteed to us by the Constitution by the founders of our nation. Shall we forget that we have been endowed by our Creator with certain inalienable rights? In reading the fourth and fifth amendments to the great document, The United States Constitution, it is absolutely clear that the formers of our nation considered ownership a basic right, necessity, and freedom of every future American. Life, liberty, and property are the cornerstones of our freedoms in this county. The decision the Supreme Court of the United States made last week relating to property ownership and the power of eminent domain by a city, state, or national government is the strongest blow to American's personal rights since Roe vs. Wade.
In the Roe vs. Wade decision, the right of life was tampered with and in turn this ruling by the court has been responsible for extinguishing millions of future Americans from being able to live in this nation at all. The idea of liberty is also being slowly destroyed by the rights of a few trampling over the rights of many. Religious and personal freedoms about what we do and say have come into question. The basic fabric of ideas that has made this nation great for 229 years is being slowly picked apart as closed minded and discriminatory. The very thoughts and convictions that the Founding Fathers expressed during the Constitutional Convention would be censored today as to rash or exclusionary.
In the case that was brought before the court about property rights centers on a town in New England that has fallen on hard economic times. Several parcels of land had been purchased for development. The owners of some of the properties did not want to sell their land. A few of these individuals had been on the property for generations. The courts majority decision basically upheld a view point in the Connecticut State Constitution that loosely supports the move by the developers to have the land condemned so that eminent domain could come into play in this matter. The dissenting opinion stated that they found this to be confoundly unconstitutional. According to the United States Constitution the dissenting judges are absolutely correct. An American's right to own property and not to have to worry about the government seizing that property is a basic freedom that needs to remain. Eminent Domain is a circumstance only to be used for the greater good, not to pad the pockets of developers. The sad thing is that if you live on a beautiful piece of property and a developer decides to petition the town where you live to build a hotel on that property because it would generate more tax money for your city then you better be ready to pack your bags. The good news is that the legislature has already been making moves to limit this decisions effect on homeowners across America.
The bottom line is that we live in a time when we can take none of our freedoms for granted. The court system has decided to make itself the overriding authority of the nation. Pay attention to the decisions of the Supreme Court of the United States. We need to stand up and renew our conviction that the checks and balances within government should work. I mean I may be confused or something, but Lincoln didn't say, "a government of the court, by the court, for the court," did he? Indeed, I think not.

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