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June 30, 2005
Quick Update on Kelo
Congress isn't taking the Kelo ruling sitting down. In response to public outcry, several members are introducing legislation to withhold federal funds from projects that use Kelo-style imminent domain tactics.
"The only silver lining to this decision is the possibility that this time the Court has finally gone too far and that the American people are ready to reassert their constitutional authority," said DeLay, R-Texas
...
Legislation in the works would ban the use of federal funds for any project getting the go-ahead using the Kelo v. City of New London decision.
"They're going to have to find their own money, instead of coming to Washington," said Rep. James Sensenbrenner, chairman of the House Judiciary Committee.
Sensenbrenner and the committee's top Democrat, Rep. John Conyers of Michigan, are planning a bill that would prevent Washington from claiming eminent domain for economic development and block any state or local government from getting federal funds for projects.
Sen. John Cornyn, R-Texas, introduced a similar bill on Monday. The Supreme Court has overturned other congressional attempts to supersede its decisions.
"It is clearly within the power of Congress to limit the use of federal funds," Cornyn said.
Not all agree, however.
House Democratic leader Nancy Pelosi of California says she is opposed to any legislation that would withhold federal dollars "for the enforcement of any decision of the Supreme Court, no matter how opposed I am to that decision."
I'm not sure that principle applies here, since the proposed legislation is to withhold federal assistance in a local government's plan to condemn and rebuild on private property. There never was going to be any federal "enforcement" of the decision, just a federal helping hand in the funding of the construction. Pelosi has a nice sounding platitude here, but I think she's on the wrong side of the issue in this case.
Politics by Dan at June 30, 2005 04:58 PM