By Thomas Sowell
When Supreme Court Justices retire, there is usually some pious talk about their “service,”especially when it has been a long “service.” But the careers of all too many of these retiring jurists, including currently retiring Justice John Paul Stevens, have been an enormous disservice to this country.
Justice Stevens was on the High Court for 35 years — mores’ the pity, or the disgrace. Justice Stevens voted to sustain racial quotas, created “rights” out of thin air for terrorists, and took away American citizens’ rights to their own homes in the infamous “Kelo” decision of 2005.
The Constitution of the United States says that the government must pay “just compensation” for seizing a citizen’s private property for “public use.” In other words, if the government has to build a reservoir or bridge, and your property is in the way, they can take that property, provided that they pay you its value.
What has happened over the years, however, is that judges have eroded this protection and expanded the government’s power — as they have in other issues. This trend reached its logical extreme in the Supreme Court case of Kelo v. City of New London. This case involved local government officials seizing homes and businesses — not for “public use” as the Constitution specified, but to turn this private property over to other private parties, to build more upscale facilities that would bring in more tax revenues.
Justice John Paul Stevens wrote the Supreme Court opinion that expanded the Constitution’s authorization of seizing private property for “public use” to seizing private property for a “public purpose.” And who would define what a “public purpose” is? Basically, those who were doing the seizing. As Justice Stevens put it, the government authorities’ assessment of a proper “public purpose” was entitled to “great respect” by the courts.