Tuesday, June 28, 2005

Souter v. Towne of Weare

That will be the caption of the case involving Justice David Souter, who voted with the 5-4 majority in the latest trampling of our liberties in the case of Kelo v. City of New London. He'll file it when he discovers that his home is going to be sold out from under him.

I just received this link from an e-mailer. I called and verified, and this is for real. Logan Clements really means to generate significant tax advantages to the little Towne of Weare, New Hampshire by converting Souter's home into a hotel, a museum describing the gentle erosion of our Constitutional protections, and a cafe aptly named "Just Desserts".

Here's the problem: if the Towne of Weare approves the taking of this land (in order to up the tax value of it and generate significant revenue for the Towne), the Justice has an uphill climb to overturn the action. Because there is now the aforementioned Supreme Court case which is precedent for the very taking that Weare may want to do. There is no more need to show a direct benefit to the public for a taking, only some tangential public benefit, like tax benefits. And this hotel would certainly generate such a benefit. And the Justice losing his home was one of the people who thought that doing that was just fine.

It remains to be seen if this effort will gain any traction, but if it does, it will be no small thing. It will signal to judges everywhere that we the people take our liberties and the Constitution and laws that form the social contract between us and the state very seriously. And it will likely begin the end of the imperial judiciary. Because while we can't vote you out, we can still treat them as they allow us to be treated.

Kelo is a flagrant violation of the rights of property owners in America foisted on the almost three hundred million of us, by five unelected people. The Court effectively destroyed landowners' protections in the Fifth Amendment. It will be interesting, gratifying, and apparently entirely legal if the signers of that opinion end up tangibly feeling the impact of their own work.

Good luck Freestar Media. Build it and I'll come.


Anonymous Anonymous said...

Maybe the public officials in New London need the same dose of reality.

10:04 PM  
Blogger Jay D. Homnick said...

Here's an apt title for our new de facto Constitution:

Souter Bull For Framing.

10:26 PM  

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