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Like webloggers and journalists across the entire spectrum of American politics and political philosophy (from TalkLeft and Pattis, to Bainbridge and Sandefur; but see NYT editorial) the lawyer in me (especially as an advocate for personal and consumer rights, and the economically weak) believes Kelo v. City of New London was wrongly decided.

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Having lived in dying and fiscally desperate NE industrial cities, I admit that another part of me wonders if there, in fact, shouldn’t be a way for major development to go forward when there are a handful or fewer of holdouts, who refuse to sell and are blocking major projects.  (Perhaps there should be compensation for emotional damages for the taking of a homestead, in addition to Fair Market Value, with a jury deciding and the new private owner responsible for the payment.)

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 I went to bed last night thinking that our political system holds enough checks and balances to keep this Kelo power from being abused.  I woke up this morning, however, remembering my prior postings on the folly of economic development plans in the real world.  For example schmittle Italy.  And, I recalled shenanighans that seem to be part of most “planning” and “development” decisions wherever I look (reinforced by tales from my brother, whose legal practice focuses on representing homeowners in zoning/development disputes).  So, I’m going to repeat the opening sentences from my local schmocal essay, and hope that citizens will vigilantly monitor their local officials — ever skeptical about the relationship of local pols and developers.

 

One very good thing about our “let fifty labs operate” federalist

system is that states get to see what works in other places and 

take advantage of the experience.   One very strange part of the

system, however, is that states never seem to learn from the mistakes

that happen elsewhere.   And, one very weak part of the system is

that the labs are operated by local governments.

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Some political theorists and ideologues wax rhapsodic about

decisions being made and problems being solved at the level closest to the

people.   But, when I think “local government” I tend to think — based mostly

on the seven or eight cities of various sizes I’ve lived in over the past half

century — “un-professional,” “sinecures,” “patronage,” “pay-back,” and

“party hacks.”  I do not think “knowledgeable people likely to solve

complicated problems.” 

Call me a cynic, but when it comes to economic development, I’m more likely to think “the fix is in.”   Hold on to your wallets and your deeds. 

• Sometimes, George Will gets it exactly right (Wash. Post, June 24, 2005): “[I]n the debate about the proper role of the judiciary in American democracy, conservatives who dogmatically preach a populist creed of deference to majoritarianism will thereby abandon, or at least radically restrict, the judiciary’s indispensable role in limiting government.”

• Over at TechCentralStation, Steve Bainbridge has a good analysis of Kelo. We part company, however, when Prof. B. says that the votes of Kennedy and Souter prove “once again just how essential it is that Bush 43 pick somebody reliably — and permanently — conservative when there’s an

  opening.” (emphasis added)  If someone tells me that their political or judicial philosphy will never change, no matter how much experience shows that his or her perspective or ideology simply does not work in practice, or does not serve justice, the Constitution, or the public interest in particular

  circumstances, my reaction is “then, you do not have a judicial temperament.”

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• Wisdom often (although certainly not always) comes with experience. See our post-chart “political maturation after age 30.“

 update (July 5, 2005):  Don’t miss John Tierney’s NYT op/ed piece, “Your Land is My Land,” asking the next Supreme Court nominee to tour Pittsburgh to see the results of decades of eminent domain aimed at creating “better uses.”  (July 5, 2005)

 * * * * *

 

      empty house

some nameless plants

      have moved i

    a blue ceiling

where the roof-beams

    have collapsed

family album–

                   the black and white

                   of my youth

         sharp wind

the metal gate bangs shut

          bangs shut

    flag up

on the mailbox

 mockingbird

 .

Jim Kacian from Presents of Mind (1996)

except: “family album” from pegging the wind

• from dagosan:  

moving day —

the house and kids

left behind

winding road —

under the influence

of a strawberry moon

[June 24, 2005]