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August 7, 2007

McCain Bids For an Issue On Property

DECLARES EMINENT DOMAIN DESERVES THE SPOTLIGHT

The NY Sun
By Russell Berman

It was only a matter of time before a Presidential candidate took a strong stand on the one issue on which a whopping majority of Americans agree — the unfairness of eminent domain for private gain.

Last week, Republican non-candidate Fred Thompson posted an essay on his blog condemning the US Supreme Court's Kelo decision. Today John McCain goes a step further and proposes additional constitutional protections for property rights.

Thrusting the issue of eminent domain into the presidential campaign spotlight, Senator McCain is vowing to counteract a 2005 Supreme Court decision that enhanced the government’s ability to seize private property, and he says he may seek a constitutional amendment to overturn it.

In a speech yesterday in Iowa, the Arizona senator called the Kelo v. City of New London decision “one of the most alarming reductions of freedom in our lifetimes.”
...
Characterizing the ruling as a threat both to property rights and the free market, Mr. McCain pledged to appoint “strict constructionist” judges “who respect the Constitution and understand the security of private property it provides.”

But he did not stop there, adding that if necessary, he would “seek to amend the Constitution to protect private property rights in America.”

Here's an update on the other GOP candidates:

ROMNEY VETOED REFORM BILLS BUT DISAGREES WITH KELO?

A spokesman for the former Massachusetts governor pointed to vetoes that Mr. Romney issued to legislation in 2005 and 2006 that recommended changes specifically to prohibit “eminent domain taking for private development purposes.” And in an appearance on the “Hugh Hewitt Show” in 2005, Mr. Romney said the Supreme Court had made “an error in judgment” in the Kelo decision.

GIULIANI AND "STRICT CONSTRUCTIONISTS"

Mr. Giuliani’s position is less clear. Asked for the former mayor’s stance on the Kelo ruling and eminent domain, a campaign spokeswoman, Maria Comella, reiterated his repeated pledges to appoint strict constructionist judges “in the vein of Roberts, Scalia, and Thomas.” Justices Scalia and Thomas dissented from the Kelo decision, while Chief Justice Roberts had not yet joined the court.

BLOOMBERG, THE OTHER NON-CANDIDATE, SUPPORTS EMINENT DOMAIN FOR PRIVATE GAIN

Mr. McCain’s position puts him at odds with Mayor Bloomberg, who has championed the use of eminent domain to revitalize blighted areas of the city, frequently citing the transformation of Times Square as an example. The mayor last year lobbied lawmakers both in Albany and Washington against legislation that would restrict its use.

article

NoLandGrab: Meanwhile, even though those who are affected by eminent domain abuse are primarily Americans of lower and middle incomes, the Democratic Party has remained silent on the issue — despite the fact that in nearly every national poll, more than 80% of Americans agree that the Kelo decision was unfair — a populist issue if ever there was one.

Posted by lumi at August 7, 2007 7:38 AM