J.A.I.L. News Journal
______________________________________________________
Los Angeles,
California
July 7, 2022
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"We Cannot Rely On
Judges
To Protect Our
Freedoms"
Lessons From the Kelo
Decision, by Rep. Ron Paul
The notion that the
judicial branch of government
serves as a
watchdog to curb legislative and
executive abuses has been entirely exposed as an
illusion.
Judges not only fail
to defend our freedoms,
they actively
infringe upon them by acting as
de facto
legislators. Thus Kelo serves as a stark reminder
that we cannot rely
on judges to protect our freedoms.
- Rep. Ron Paul
http://www.lewrockwell.com/paul/paul259.html
Lessons From the Kelo
Decision
by Rep. Ron Paul, MD
One week after the Kelo decision by the Supreme Court, Americans are
still reeling from the shock of having our nation's highest tribunal
endorse using government power to condemn private homes to benefit a
property developer. Even as we celebrate our independence from
England this July 4th, we find ourselves increasingly enslaved by
petty bureaucrats at every level of government. The anger engendered
by the Kelo case certainly resonates on this holiday based on
rebellion against government.
The City of New London, Connecticut essentially acted as a strongman
by seizing private property from one group of people for the benefit
of a more powerful private interest. For its services, the city will
be paid a tribute in the form of greater taxes from the new
development. In any other context, what's happening in Connecticut
properly would be described as criminal. However, the individuals
losing their homes understand that stealing is stealing, even if the
people responsible are government officials. The silver lining in the
Kelo case may be that the veneer of government benevolence is being
challenged.
Kelo has several important lessons for all of us. We are witnessing
the destruction of any last remnants of the separation of powers
doctrine, a doctrine our founders considered critical to freedom. The
notion that the judicial branch of government serves as a watchdog to
curb legislative and executive abuses has been entirely exposed as an
illusion. Judges not only fail to defend our freedoms, they actively
infringe upon them by acting as de facto legislators. Thus Kelo
serves as a stark reminder that we cannot rely on judges to protect
our freedoms.
It is folly to believe we will regain lost freedoms if only the right
individuals are appointed to the Supreme Court. Republican
presidents, including conservative icon Ronald Reagan, have appointed
some of our very worst Supreme Court Justices. In today's political
context, it frankly matters very little whom President Bush appoints
to replace Justice O'Connor. Even the most promising jurist can
change radically over the course of a lifetime appointment. We are
supposed to be a nation of laws, not men, and the fixation on
individuals as saviors of our freedoms is misplaced. America will
regain lost freedoms only when her citizens wake up and reclaim a
national sense of self-reliance, individualism, and limited
government. A handful of judges cannot save a nation from itself.
The Kelo case also demonstrates that local government can be as
tyrannical as centralized government. Decentralized power is always
preferable, of course, since it's easier to fight city hall than
Congress. But government power is ever and always dangerous, and must
be zealously guarded against. Most people in New London, Connecticut,
like most people in America, would rather not involve themselves in
politics. The reality is that politics involves itself with us
whether we like it or not. We can bury our heads in the sand and hope
that things don't get too bad, or we can fight back when government
treats us as its servant rather than its master.
If anything, the Supreme Court should have refused to hear the Kelo
case on the grounds that the 5th amendment does not apply to states.
If constitutional purists hope to maintain credibility, we must
reject the phony incorporation doctrine in all cases - not only when
it serves our interests. The issue in the Kelo case is the legality
of the eminent domain action under Connecticut law, not federal law.
Congress can and should act to prevent the federal government from
seizing private property, but the fight against local eminent domain
actions must take place at the local level. The people of New London,
Connecticut could start by removing from office the local officials
who created the problem in the first place.
July 5, 2022
Rep. Ron Paul
Sent by:
Wed, 6 Jul 2022 17:48:46 -0500
From: Stevens [email protected]
Subject: Lessons From the Kelo Decision
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