Re: July 28 Open Forum
I would like to respond to the letter written by Christopher Juniper of Denver about the Eminent Domain Ruling not creating new law in the letter section of the Denver Post, Saturday July 28, 2007
While the “Kelo” decision did not create new law, it did uphold new law. It took activists judges of the same ilk and philosophy as that of the Judges on the court at the time of the original decision that did create new law. That decision, which allowed local governments to take private property and give it to another developer (General Motors) was reassessed by the Michigan Supreme Court (One of the high Courts that allowed this travesty in the first place) during the “Kelo” decision and deemed it a mistake!
It would have been a breath of fresh air to see the highest court in the land to see the same mistake! What exactly was that mistake? Reinterpreting the Constitution’s 5th Amendment to mean “public purpose” or public benefit from “public use”. They had no right to do that! Judges are not allowed to interpret the Constitution. That was done for them by “We the People”!
And this is etched in stone in the second paragraph of Article VI of the Constitution. “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all treaties made or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in
the Constitution or Laws of any State to the contrary notwithstanding (There is none ).
So I do have a better idea or alternative Christopher. Let’s get back to the the Supreme Law of the Land as “We the People ” so elegantly wrote and desired in our Constitution. And leave the revitalization to the free market and willing sellers!
David Ihde, Steamboat Springs
This letter was not edited.