Fighting Over the Fifth
Sen. John Cornyn - (R) Texas, has already introduced a bill that would define eminent domain more narrowly than the Supreme Court just interpreted it.
Sen. John Cornyn, a Texas Republican, moved swiftly on Monday to narrow the effects of the Supreme Court’s decision last Thursday that upheld broad government power to seize private property to turn over for profit-making economic development. Cornyn’s new bill, S. 1313, would lay down a congressional definition of “public use,” far narrower than the Court’s constitutional interpretation in Kelo v. City of New London (04-108). The measure raises immediately the question of Congress’ power to write its own definition, and put it into effect.
Although Cornyn’s proposal, and his floor statement announcing it, do not spell out Congress’ constitutional authority to adopt the legislation, it appears that part of it is based upon the Necessary and Proper Clause, some notion of federal police power, and, to a degree, the Commerce Clause), and part of it is based upon the Spending Clause. (The bill’s findings say that “it is appropriate for Congress to take action, consistent with its limited powers under the Constitution, to restore the vital protections of the Fifth Amendment and to protect homes, small businesses, and other private property rights against unreasonable government use of the power of eminent domain.”)
This is from the SCOTUS blog.
I wrote about the recent Supreme Court decision regarding eminent domain here.
| Go to Home - Most Recent Posts