Cybrpnk's Rantings

A Collection of Political Essays and Rants

Next »

2005-06-29

Theft Is Property

Much attention has been paid to the Supreme Court's decision in Kelo v. New London which affirms the right of the states to set their own policy on use of Eminent Domain. While I am surprised by the ruling, I believe that there is some potential good in it. In essence the decision says that the decision about what constitutes acceptable use of eminent domain is a local issue not a national one. It doesn't give states carte balance, it simply says that if a state chooses to abuse eminent domain that is not per se a national issue. Given that the core of the case is an affirmation of federalism, one must wonder why the conservatives on the courts disagreed. The reason for this is, I believe, that the ruling is a complete smackdown of the far-right 'property rights trump all' people. It reaffirms the belief that even if one is a libertarian one is still part of a society. And it actually encourages civic participation, because this means you can't sit off in your gated ranch doing nothing public and count on being left alone. No matter how much of a lone individual you think you are, you are still part of a society, and the needs and welfare of that society are supposed to be in balance with your individualism, not subservient to it.

See more ...