In light of the recent Supreme Court decision, Kelo, Susette, et al. v. New London, CT, et al., in which property owners now must give up their homes to private developers, I believe that several justices should retire now.
The Declaration of Independence, our petition to break away from the English Crown in 1776, and a document whose sentiment we celebrate every 4th of July as Independence Day, states that "We the People" have the right to "Life, Liberty, and the Pursuit of Happiness." We know in Jefferson’s own writings there was great debate over whether he was going to insert, "Property," his original thought and intent, or "the Pursuit of Happiness," a later compromise. A closer look reveals this similar language being used in our Bill of Rights amending our Constitution. (see succeeding, fourth paragraph)
When our Founding Fathers were successful in breaking away, they established a new government through a second, written constitution. This was a novel idea at the time. But, it was an idea whose time had come. After the failed attempt at federalism during the Articles of Confederation, our Founders sought a stronger, more centralized government. North Carolina was one of several states who delayed ratification of the Constitution after 1789 because our leaders recognized the need for a Bill of Rights to accompany this new, written constitution. Many throughout the 13 states feared the abuse that could come through a powerful, more centralized federal government. Thus, the Bill of Rights, a document, specifying individual rights, and reserving for the People the powers, not expressly given to the new Federal government, was born and attached to the Constitution.
Imbedded in this document limiting the powers given to our new Federal government, was the 5th of 10 amendments. This important 5th Amendment prohibits the government from illegal seizure or depravation of, "Life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." This was just one limit "we" the people placed upon our own federal government. And, yet, our highest federal court, The Supreme Court, seeks to do away with our Founders’ political philosophy, reasoning, and intent with the stroke of a pen in a very narrow 5-4 decision.
It is our calling as Americans to follow our individual dreams as outlined within the bounds of our Constitution and the Bill of Rights. Most political and legal scholars agree our "Pursuit of Happiness" is bound in our inherent dream to own "Property."
The dream of home ownership is NOT a Republican or Democrat one, but an American one. It is a dream more folks are realizing every day across this great land of ours. As a Republican, I believe that the best government is one that is small, efficient, and effective. The concept of government taking one private landowner’s property and giving it to another private landowner, for any reason, strikes at the very foundation of our Constitution.
Over 200 years ago, my family came to this great land. They settled in the Oxford area of Eastern Catawba County, known as "Catfish" among the Old-timers. They came for a better life and to follow their dreams. My relatives, and millions of others, came to America to escape governments who did not respect the "inalienable," fundamental rights of their citizens. One of those rights is the right to own land. The thought of our government taking away a piece of the earth, that you or I buy through the sweat of our own labors to call "ours," strikes a blow at the very pillars of our Republic. What is next? A government who can strip and transfer our right to own our own land, to use, to improve upon, to hold, and to dispose of in our own way, could surely move to strip away our rights to own guns. Is a ban or a severe restriction on our right to bear arms next? It is just a Supreme Court decision away.
It is time for several justices to retire now and for our President to make certain the next appointments to the Supreme Court will actually read and honor the writings of our Founding Fathers, and uphold our "natural" rights under our Constitution. We must, as a people, pay attention to our Judicial System and the process of replacing judges to the High Court. I urge all who care to write our Senators and the White House to let them know we citizens are watching, and we voters expect them to appoint conservative, originalist, strict-interpretational, jurists to fill any vacancy on the High Court. Our Republic cannot withstand much more legislating from the Bench through judicial activism.
Thank you, Justices Clearance Thomas, Sandra Day O'Connor, William H. Rehnquist, and Antonin Scalia of the Supreme Court for voting to uphold, as "illegal," government seizure of land for millions of property owners. All of these good folks are conservative jurists and are fighting for our rights. I just wish they had the assistance of two, extra Justices voting with them. We need more justices like these jurists who will stand up for the People against government led encroachment to limit or curtail our property rights.
Cliff Isaac, Chairman
Catawba County Republican Party
Claremont, North Carolina