Bad Precedent
Another thought I had about the Kelo decision is that they seem to be going by precedent.
Think about it: Do you go back to the Constitution and use that as the supreme arbiter, or do you go primarily with precedent, even if it’s wrong?
This is the most recent in a string of related decisions, and owes the absurd outcome to those decisions. But… how is that right when a given decision can be wrong, or not in keeping with the philosophy of a particular Court? And what’s philosophy got to do with it anyway? Either you can read and are willing to uphold the Constitution, or not. They are not, whether it’s about wheat, marijuana, or the sanctity of your property. Which, come to think of it, is what those cases all had in common.
Not that you ever really own real estate, since you rent it for property taxes and it can be taken if you fail to pay. The locality, in a sense, owns it in the first place, but still, you “own” the right to use it as you see fit and to pay that rent-like tax. The Constitution doesn’t give them the right to evict you for just any reason. At least, it didn’t until some feeble-minded oligarchs weighed in.
Glenn has an additional post on the case, discussing political ramifications and the like.
As mentioned at the end of my previous post, go to Arguing With Signposts for the most comprehensive link roundup.
Coyote Blog has a good post on the topic, which he has covered for some time.
Really. Let’s start throwing out bad precedent, and get us some judges who aren’t afraid to question those who came before them.
Kelo-related posts:
Will The Supremes And Bad Lawyering Perpetrate A Constitutional Travesty?
United States Constitution, 1788 - 2005: Promise Unkept
Bad Precedent
Additional Kelo Fallout Thoughts
Will the Money Be Followed?
Kelo and Raich: The Root of the Supreme Court Problem?
Olek V. New London Case
Kelo and "Fair" Value
Boycotting Can Be Hard
Becker and Posner on Kelo and Eminent Domain
Kelo, IOLTA and Drugs - Oh My
Sama on Kelo, Disney, and Boston's West End Tragedy
Was Kelo The Lost Battle That Won The War?
You Thought The Kelo Outcome Couldn't Be Worse?
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