It says here that some senators and representatives are grumbling about the recent Kelo decision handed down from our Judicial Overlords. Of course, much grumbling is in order, considering the reckless extension of eminent domain jurisdiction. Recall that Kelo validated the seizing of an individual’s property for private development encouraged in the name of potential future tax revenues and other ephemeral gains.
However, the suggestions coming out of both the House and the Senate carry the unworthy tone of a legislative branch crouching in the shadow of the judiciary branch’s raised fist. Many suggestions deal with withholding federal money from projects that utilize land seized under Kelo. It’s a nice gesture, but why on earth would Congress not simply pass a statute limiting government seizures to only those that have a clear public purpose? Who’s in charge here?
But wait…why on earth would Washington have anything to say? The seizure in Kelo, like most such cases, was a state affair. Why have we seen not a single state statute in response to Kelo? Hmmm…could it be because a Supreme Court decision trumps state law and this is another preemptive strike against Federalism?
Judicial supremacy is not merely an undignified vexation for a free people. It is in fact an excruciating deliquesce with serious repercussions for the entire American enterprise. An unaccountable, unabashed judiciary provides the federal legislature with a ready accomplice when they feel compelled (as they often do) to abdicate their responsibility. An emasculated Congress leads to less participation in the federal legislative process. States decline in influence, and measures to keep the States on life support often come from executive officers. And so we circle the bowl, and will until drastic action is taken.