by Shane Riley

Created on: January 03, 2009

Eminent Domain and Judicial Activism

Although I believe in the government and in law and order, I also believe in a person's rights as afforded to us in the Bill of Rights and in the Constitution of the United States of America.

The Fifth Amendment to the U.S. Constitution, pertaining to the taking of property, states that no person shall be deprived of his or her life, liberty, or property, without due process of law, nor shall private property be taken for public use, without just compensation.

The Fourteenth Amendment to the U.S. Constitution, pertaining to the taking of property, states that no state shall deprive any person of his or her life, liberty, or property, without due process of law and just compensation.

After reading the Fifth and Fourteenth Amendments of the U.S. Constitution, and then reading the Supreme Court ruling of Kelo versus the City of New London, I would have to say that I agree with the way our founding fathers intended the two above amendments to work. I do, however, disagree with the way radical judges have interpreted these amendments, and therefore, I disagree with the Supreme Court ruling of Kelo versus the City of New London.

In my opinion, the government has no authority or right to force anyone to give up or sell his or her property, regardless the purposed use, and regardless of due process and the offering of just compensation. The government does not have the right to seize anyone's property, through eminent domain, just because that property owner rejects just compensation for his or her property. If the owner dose not want to give up or sell his or her property, that is his or her right and prerogative. The government's use of eminent domain is unjust, immoral, unethical, and should be viewed as legal theft.

The Supreme Court ruling of Kelo versus the City of New London is a classic example of legislation from the bench. Legislation from the bench is a good way to describe judicial activism. Judicial activism occurs when a judge or justice decides an issue based on personal or political ideology or pressure from special interest groups instead of abiding by the Constitution. The United States government has a checks and balances system to insure that one branch of government will not become more powerful than any of the other branches. Under the Separation of Powers Doctrine, only Congress has the power and the authority to legislate. Judicial activism violates that separation of powers by effectively creating new law that

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