America's Debate > House passes bill to counter Kelo vs New London

Full Version: House passes bill to counter Kelo vs New London

America's Debate > Archive > Policy Debate Archive > [A] Domestic Policy

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Just Leave me Alone!

Nov 4 2005, 10:37 PM

QUOTE

(AP) - Contending that the Supreme Court has undermined a pillar of American society -- the sanctity of the home -- the House overwhelmingly approved a bill Thursday to block the court-approved seizure of private property for use by developers.

The bill, passed 376-38, would withhold federal money from state and local governments that use powers of eminent domain to force businesses and homeowners to give up their property for commercial uses.

<snip>
The legislation is the latest, and most far-reaching, of several congressional responses to the court ruling. The House previously passed a measure to bar federal transportation money from going for improvements on land seized for private development. The Senate approved an amendment to a transportation spending bill applying similar restrictions. The bill now moves to the Senate, where Sen. John Cornyn, R-Texas, has introduced companion legislation.

Questions for Debate: Is withholding federal funds the proper method to prevent misuse of eminent domain? How else could this have been combatted?

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Izdaari

Nov 4 2005, 11:18 PM

Questions for Debate: Is withholding federal funds the proper method to prevent misuse of eminent domain? How else could this have been combatted?

I agree with the Congresscritters that the SCOTUS royally messed up in Kelo, and that Congress has some power to counter it by legislation, but the sanction used is indirect and perhaps too weak. Still, if I were in Congress, I'd certainly vote for it. If someone else comes up with a better idea to counter Kelo, I'd support that too. It also occurs to me that if we want to use litmus tests on Supreme Court nominess, I'd be a lot more concerned about the nominee's position on Kelo than on Roe.

Just Leave me Alone!

Nov 7 2005, 06:53 PM

I was encouraged to see this too, but I am a little wary of the method here. I think that the only real way to permanently fix this would be to pass a constitutional amendment clarifying the rights already granted in the 5th amendment. Lay it out in plain English. Now that would take 80% of the legislature, but this passed with over 90% of the vote. I think the outrage is strong enough to where this would fly through. I don't understand why Congress has chosen this tact.

Gray Seal

Nov 7 2005, 07:12 PM

I agree with Just Leave Me Alone that this issue does rise to the level of being a fundamental constitutional issue and would best be remedied via amendment. The legislation is a band aid until this is done.

Jaime

Nov 9 2005, 02:40 PM

Let's be constructive in our responses, please.

TOPIC:
Is withholding federal funds the proper method to prevent misuse of eminent domain?

How else could this have been combatted?

Doclotus

Nov 9 2005, 03:06 PM

Questions for Debate: Is withholding federal funds the proper method to prevent misuse of eminent domain?
Ideally, no. Federal power would be overstepping here in my opinion. While I definitely disagree with SCOTUS regarding the case, I think the means of resolution here is almost as nefarious as the decision.

How else could this have been combatted?
The best way is simply for the state and/or local governments to pass legislation regarding this. This is a classic case where Federalism should prevail. Granted, this is tougher to implement since it requires 50 states to execute their own sovreignty in the matter, but that's where it belongs.

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