V. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.
November 11, 2009
The Famous 'Kelo House' Property Is Now A Vacant Lot 11-10-09
I never bought into the notion that benefitting private enterprise, no matter the domino effect on the economy, qualified as "public use." This update merely adds insult to the original injury.-
Eminent Domain: Drawing the Line on Property Rights 11-10-09
Although the Kelo case didn't turn out the way I would have wished—or frankly the way the Constitution demands—it did never-the-less set an important precedent. Perhaps other municipalities will be a little slower in the future to attempt such ham-handed declarations!
About the Fifth Amendment
The Fifth Amendment was written to protect an accused from abuses witnessed throughout history, including in the early days of Colonial America. The Founding Fathers wished to ensure that, while trials could be conducted and guilty criminals punished, innocent men and women wouldn't suffer by mere government whim. Sufficient evidence of criminal conduct would have to be presented to a Grand Jury; the government couldn't repeatedly try an individual on the same charges until he or she was either convicted or financially exhausted; it couldn't demand answers from the accused, but rather would have to provide sufficient evidence to convict without such testimony; and it couldn't simply snatch property it wanted or needed from its owner.
It should be pointed out that an exception is made where the taking of property is concerned, and that's when the property in question is required "for the public good." Failure to reach an equitable agreement to sell can mean the imposition of eminent domain by the government entity. While this is not always a bad thing in and of itself, it is more and more frequent today that we see eminent domain flagrantly abused.
Click here for more on the Fifth Amendment. Want to help preserve the Fifth Amendment? Educate yourself, and then take action!
