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Thursday, June 23, 2005

Bend Over

You have been Borked. The whole country has been Borked.

"Stevens was joined in his opinion by other members of the court's liberal wing - David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer. The bloc typically has favored greater deference to cities, which historically have used the takings power for urban renewal projects that benefit the lower and middle class.

They were joined by Reagan appointee Justice Anthony Kennedy in rejecting the conservative principle of individual property rights". [Emphasis mine.]

And just how did "Reagan appointee" Justice Kennedy get on the Supreme Court? Hmmmm? Anyone remember? Kennedy (and that name alone should have set off every alarm you can imagine) was a dismally poor compromise second choice to…

Robert Bork.

The man whose name was transformed into a verb long before anyone thought of "fisking."

And a man with Watergate ties. Bork was Nixon's solicitor general who became acting attorney general during the "Saturday Night Massacre" of then-Attorney General Elliot Richardson and Deputy Attorney General William Ruckelshaus, both of whom resigned rather than fire Special Prosecutor Archibald Cox. Bork stepped into the job and carred out Nixon's wishes.

They say elephants never forget. Perhaps. But Asses never stop taking revenge.

Robert Bork believes the courts should interpret the law, not create new ones, and he vocally objected to the Supreme Court's "discovery" of a new "right to privacy" in the Roe v. Wade decision. As he writes: "We are increasingly governed not by law or elected representatives but by an unelected, unrepresentative, unaccountable committee of lawyers applying no will but their own."

In 1987 Presient Ronald Reagan nominated U.S. Appeals Court Judge Robert Bork for the Supreme Court. His disagreement with the court-ordered "right to privacy" was enough to disqualify him in liberal minds. The usual suspects--Judicial Committee Chair Joe Biden and senior member Ted Kennedy, at that time part of the Democrat majority--showed the below-the-belt tactics for which they have become so infamous.

So instead of originalist Robert Bork, we have Anthony Kennedy merrily amputating bits and pieces of the Constituion and Bill of Rights as he sees fit.

"At issue was the scope of the Fifth Amendment, which allows governments to take private property through eminent domain if the land is for "public use."

"Susette Kelo and several other homeowners in a working-class neighborhood in New London, Conn., filed suit after city officials announced plans to raze their homes for a riverfront hotel, health club and offices."

This most recent ruling ignores the difference between public use and public purpose. The public will not have free use of the hotel, health club, and offices New London intends to build on their homesteads. The public will pay through the nose and the private owner/developer will reap the benefits of an almost free gift.

"Critics had feared that would allow a small group of homeowners to stymie rebuilding efforts that benefit the city through added jobs and more tax revenue for social programs."

Oh my. I forgot about the benefits of all those "social programs." Pardon me if I don't believe any of those displaced property owners will benefit one iota.

"New London officials countered that the private development plans served a public purpose of boosting economic growth that outweighed the homeowners' property rights..."

The Framers of the Constitution understood there was nothing  more important than property rights. They, their fathers and grandfathers had come from Old Europe, where kings had a "divine right" to snatch property whenever it suited them and use it to reward loyal followers. In fact, the framers felt so strongly about property rights, they restricted the right to vote in elections to property owners.

Now we are the subjects of five black-robed "kings" who have given their legal blessing to the rich truly stealing from the poor.

All because, nearly twenty years ago, a Democrat majority refused to confirm Robert Bork.

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