WILLisms.com: Senator John Cornyn: The Antidote To The <em>Kelo</em> Blues.

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Senator John Cornyn: The Antidote To The Kelo Blues.

The Supreme Court's decision in Kelo got you down?

Cheer up. Texas Senator John Cornyn is on the case. He has introduced legislation to protect the private property rights of Americans, rights which were eroded by the Court's controversial 5-4 decision.

In his floor speech (.pdf), Cornyn explained:

The protection of homes, small businesses, and other private property rights against government seizure and other unreasonable government interference is a fundamental principle and core commitment of our nation’s Founders. As Thomas Jefferson famously wrote on April 6, 1816, the protection of such rights is “the first principle of association, ‘the guarantee to every one of a free exercise of his industry, and the fruits acquired by it.’”

Cornyn then put the Kelo decision in the context of the ongoing struggle to populate the court with the right judges (.pdf):

In a way, the Kelo decision at least vindicates supporters of the nomination of Justice Janice Rogers Brown to the U.S. Court of Appeals for the D.C. Circuit. That nomination attracted substantial controversy in some quarters, because of Justice Brown’s personal passion for the protection of private property rights. The Kelo decision announced last Thursday demonstrates that her concerns about excessive government interference with property rights is well-founded and well within the mainstream of American jurisprudence.

Cornyn's measure, Senate Bill 1313, is limited in scope:

The legislation would clarify government’s exercise of its power of eminent domain to be limited only for public use. ‘Public use’ shall not be construed to include economic development. This standard of protection would apply only to (1) all exercises of eminent domain power by the federal government, and (2) all exercises of eminent domain power by state and local government through the use of federal funds.

Individual states would still need to pass measures to protect private property, but Cornyn's legislation could prevent the federal government from engaging in eminent domain for the express purpose of increasing its tax base.

FULL-TEXT: Protection of Homes, Small Businesses, and Private Property Act of 2005 (.pdf).

Posted by Will Franklin · 27 June 2005 11:20 PM

Comments

I really like John Cornyn! ... He is a great Senator!

Posted by: Zsa Zsa at June 28, 2005 07:53 AM

Recieved a Dem. Senatorial Camp. Committee fund raiser letter yesterday from Hillary R.Clinton Interesting stuff!...

Posted by: Pat at June 30, 2005 10:53 AM

Please go slow on bill 1313. Allow time for completion of the following public action:
To: Towne of Weare, New Hampshire, http://www.weare.nh.gov/board_selectmen.htm
A part of yesterday in touch with tomorrow.
Phone: 529-7525, Fax 529-4554
Robert Christensen, Town Administrator
Merry Rice, Secretary
Board of Selectmen
Laura Buono, Chair Person, Weare Board of Selectmen, Term expires 2006
Leon Methot, Vice-Chair, Weare Board of Selectmen, Term expires 2006
Heleen Kurk, Weare Board of Selectmen, Term expires 2007
Joseph Fiala, Weare Board of Selectmen, Term expires 2008
Donna Osborne, Weare Board of Selectmen, Term expires 2008
Selectmen and electwomen, please vote to enhance the historical value of Weare, NH for public benefit.
For $1 (one dollar in hand) and other considerations please vote to approve conversion by the authority of local public domain as specified in the Logan Darrow Clements Project, Freestar Media, LLC. The project proposes to convert subject private buildings and associated private property of David H. Souter at location: 34 Cilley Hill Road, Weare, Nh to public use and for public display. Private and religious funding for this public project will be forthcoming, un-relentless, and overwhelming.
For historical value on the subject property please include a display of “The Ten Commandments” with plaque emphasizing the power of one local citizen residing on this spot in Weare, NH to single handedly remove historical Judea-Christian religion from public display in the United States. Be assured there is no substitute property qualified to likewise serve in a timely manner the stated public interest.
A recent Supreme Court decision, "Kelo vs. City of New London" legalizes this land for public use by the Town of Weare through local eminent domain. Mr. Clements' LLC proposes building modifications. Mr. Clements' proposal will increase the tax revenue of the Town of Weare. Please anticipate the unprecedented economic opportunity afforded the Town of Weare.
The "Kelo" decision, led by Justice David Souter, was powerful. The Towne of Weare has an immediate and fleeting opportunity to serve the public interest and claim the Justice Souter land as authorized by the "Kelo" decision. Public, private, religious, liberal, conservative, democratic, independent and republican support is rampant for this project. Please respond to the demand of the American public for the good of the public, financial income to the towne of Weare and the state of NH and the benefit of America. Please allow the project to immediately proceed without delay.

Posted by: Harry Clift at June 30, 2005 12:56 PM