Congress and Eminent Domain

American Thinker recently published my op-ed on a bill in the United States House that would make it more difficult for state and local governments to abuse their eminent domain power.

In addressing why eminent domain reform is a federal issue and not just a state issue, I wrote:

If freedom of speech were gutted as severely as the Fifth Amendment has been, Congress would not hesitate to take immediate action.  They would even consider passing a constitutional amendment.

 

The idea that Congress should defer to each state in order to protect the federal constitutional right of freedom of speech would be laughable.  The same arguments apply when it comes to protection from eminent domain abuse.

 

Further, the federal government helps to make these economic development takings a reality by providing economic development funds to state and local governments.  Without those funds, many of these takings wouldn’t occur.

 

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