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Lessons from the Kelo decision
By Dr. Ron Paul
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 property developers.
Even as we celebrate our independence from England this July 4, 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 that is based on rebellion against government. The silver lining in the
Kelo case may be that the veneer of government benevolence is being challenged.
The City of New London, Conn. 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 increased tax revenues that will be generated by the new development.
In any other context, what is happening in Connecticut would properly be
described as criminal. However, the individuals losing their homes understand
that stealing is stealing, even if the people responsible for the thievery are
government officials.
Kelo has some important lessons for all of us.
First, we are witnessing the destruction of any last remnants of the
separation-of-powers doctrine, which is a principle 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 also actively infringe upon
them by acting as de facto legislators. The Kelo decision 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 nation’s worst
Supreme Court justices. Even the most promising jurist can change radically
during the course of a lifetime appointment.
Ours is supposed to be nation of laws, not men. Instead, Americans have
developed a misplaced fixation upon individuals as saviors. But a handful of
judges cannot save a nation from itself. America will regain lost freedoms
only when her citizens wake up and reclaim a national sense of self-reliance,
individualism and limited government.
Second, the Kelo case also demonstrates that local governments can be as
tyrannical as centralized ones.
Of course, decentralized power is always preferable as it’s easier to fight City
Hall than Congress. But government power – even when it is exercised by local
bodies – is ever and always dangerous and must be zealously guarded against.
Most inhabitants of New London, Conn. – just 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 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 even hear the Kelo case on
the grounds that the Fifth 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, 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, Conn. could begin by
removing from office the local officials who created the problem in the first
place.
– Rep. Ron Paul, R-Texas, is the leading spokesman in Washington for limited
constitutional government, low taxes, free markets and a return to sound
monetary policies. This article originally appeared July 4 on
Texas Straight Talk, an online weekly column.
(Editor’s note: Congressman Paul will be
speaking in
Bowling Green, Kentucky on Sept. 19, 2005.)
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