Friday, November 04, 2005
In response to Kelo, the House moved to ban the seizure of private property for use by developers.
Which is wrong, wrong, wrong. Restricting the use of eminent domain is not a 'federal' matter. It ought to be left to the voters in each state to decide their own policy regarding the proper (and improper) use of eminent domain.
Now, I don't like the idea of the state taking my property and turning it over to the highest bidder. And I would vote for legislators who shared my thinking.... state legislators. This isn't a federal matter. There's no federal issue here. This doesn't (on its face) affect interstate commerce. So, if, for example, the people in California like the idea of having their property at risk of being turned over to shopping mall developers, that's fine by me.
Just a month or so ago, we were applauding John Roberts for his view that just because a law is stupid doesn't mean it is also unconstitutional. Likewise, just because we don't like a state law doesn't mean Congress has a right to butt in.
Conservatives usually get all upset, and rightly so, at the federalization of what we think ought to be left to each state to decide for themselves. This ought to be one of those times. We ought not to be getting up on our state's right's horse only when it's the liberals we're riding against.... we need to resist the temptation to stick our federal nose where it doesn't belong.
Otherwise, as I've said before, we're no better than the liberals are...