Much of the electorate in my home and very Blue state of Massachusetts regularly and reflexively vote for the Democratic party, siding with what they believe is the party more concerned with the welfare of the poor, the weak, the helpless, and those less powerful in our institutions of government and commerce.
After this week if these folks still feel that way they must be on some kind of drug.
The Supreme Court’s Kelo decision this week shows very clearly that those ideas identified as “conservative” by our popular media consistently give far more weight to the constitutional rights of individual citizens, be they rich or poor. Whereas liberal ideology (represented in this case by private developers, urban planners, local government, and the slight liberal majority of Supreme Court justices) are willing to dispense with even the constitutionally guaranteed property rights of a small number of un-influential people in order to implement a scheme which will repurpose a New London neighborhood, please a local Fortune 100 company, and no doubt make the developers a lot of money.
In view of this astounding decision, I have to ask my reflexively Democratic friends "Who to you think is protecting the rights of individuals and the powerless in the situation?". This case is far enough away from Boston that it will not likely register on our insular city. Had the Supreme Court decision instead evicted a group of cod fishermen from New Bedford, or some immigrants in Fall River, no doubt the righteous liberals on Morrissey Boulevard would be operating in full outrage mode. Instead the editorial pages are silent about Kelo, except for the Globe’s token conservative columnist, Jeff Jacoby.
The Supreme Court’s Kelo decision has certainly touched a nerve. I think the decision is a particularly difficult one for liberals to defend. I cannot imagine how its does not make them uncomfortable to be aligned with the interests of large commercial real estate developers and a huge pharmaceutical company against a small group of ethnic Italian property owners. Perhaps the Kelo decision will mark some kind of watershed that opens the eyes of our nominally conservative Blue voters to see more clearly who is playing their tune and who is not.
The more controversial issue of abortion was focused in this manner by proposals to outlaw late term abortions. When the grisly details of these procedures became well-known, Democratic politicians and their party had to pay a price at the polls for their endless kowtowing to feminist extremists. In this case the process involved is less controversial and emotionally charged to bystanders, but the result is consistent. The party today that is more concerned to protect “the little people" is not the more liberal party.
I cannot improve on the words of Justice Thomas in his dissenting opinion, but I have taken the liberty of removing the legal references so that his argument reads clearly:
The Court has elsewhere recognized “the overriding respect for the sanctity of the home that has been embedded in our traditions since the origins of the Republic,” when the issue is only whether the government may search a home. Yet today the Court tells us that we are not to “second-guess the City’s considered judgments” when the issue is, instead, whether the government may take the infinitely more intrusive step of tearing down petitioners’ homes. Something has gone seriously awry with this Court’s interpretation of the Constitution. Though citizens are safe from the government in their homes, the homes themselves are not. Once one accepts, as the Court at least nominally does that the Public Use Clause is a limit on the eminent domain power of the Federal Government and the States, there is no justification for the almost complete deference it grants to legislatures as to what satisfies it.
Links on the Kelo case:
The
5th Amendment to the US Constitution
AP story run by the
Boston Globe on June 23:
Peter Canellos’
Boston Globe story on June 24:Jeff Jacoby’s Boston Globe column on the Kelo case published June 26:
SCOTUSblog’s
discussion:
The
Supreme Court ruling in Kelo v. New London: