7.05.2005

More comments on Kelo from Cornyn

(say that five times fast...)

Sen. John Cornyn (R-TX) comments on the eminent domain ruling and his anti-eminent domain bill in today's San Antonio Express-News:

The editorial "The Supremes stumble with eminent domain" (June 28) raised some issues of mutual concern about the Supreme Court's ruling in Kelo v. City of New London. The erosion of personal property rights in this case is cause for profound concern — and decisive action.

(click here to read the rest of his letter)

In 1816 Thomas Jefferson said, "The true foundation of republican government is the equal right of every citizen in his person and property and in their management."

The U.S. Supreme Court, by its 5-4 decision in Kelo, struck a major blow to Jefferson's vision of private property.

The court held that government may seize the home, small business or other private property of one owner and transfer it to another private owner, simply by concluding that such a transfer would benefit the community through increased economic development.

Government should not be able to use the power of eminent domain to seize private property for economic development.

To help protect property owners in Texas and across the nation, I introduced the Protection of Homes, Small Businesses and Private Property Act last week, and already a bipartisan group of senators has joined the effort. The legislation would clarify government's exercise of its power of eminent domain to be limited only for public use. Public use shall not be construed to include economic development. This standard of protection would apply only to (1) all exercises of eminent domain power by the federal government and (2) all exercises of eminent domain power by state and local government through the use of federal funds.

If the court is unwilling to preserve the bedrock constitutional principle of private property rights, then Congress must ensure that our constitutional liberties are preserved and protected. Our bipartisan legislation is the first step toward this goal.

Sen. John Cornyn

A lot of the info in it has been posted on this site before, but it's worth the read.

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