[SLL] "Kelo v. New London = absolute and total bullshit," Edgar J. Steele
- "Kelo v. New London = absolute and total bullshit," Edgar J. SteeleLadies and Gentlemen:We repeat, with emphasis, our recommendation that
you buy and learn how safely to handle and operate
a modern firearm, e.g. H&K USP .40 with 2 x 10-round
magazines (at least). This is a firearm which is
highly recommended by and for law enforcement personnel,
and you have the very same right to defend yourself
as do all of those personnel.The Right of self-defense is a fundamental Right.The .40 caliber weapon recommended above is an
excellent compromise between bullet size, and
accuracy at a distance.My office is receiving confirmation that our recommendation
is being heeded by many thousands of Americans, as the
sales of private firearms have recently been reported
to be up by an estimated 11% nationwide.Please do NOT come to me later and whine that you were
"Gun Control" means hitting your target, on the first shot.
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, Criminal Investigator and
Federal Witness: 18 U.S.C. 1510, 1512-13, 1964(a)
http://www.supremelaw.org/guidelines.htmAll Rights Reserved without Prejudice
by Edgar J. Steele
July 4, 2005
"No person shall be...deprived of life, liberty or property, without
due process of law; nor shall private property be taken for public
use without just compensation."
--- U.S. Constitution, Fifth Amendment (1791)
"[T]hat alone is a just government which impartially secures to every
man, whatever is his own."
--- James Madison (fourth President of U.S.), National Gazette,
Property, (Mar. 29, 1792), reprinted in 14 Papers of James Madison
266 (R. Rutland, et al. eds. 1983)
"I'm as mad as Hell and I'm not going to take this anymore!"
--- Howard Beale, played by Peter Finch in the movie Network (1976)
mp3 audio file of this column:
http://www.conspiracypenpal.com/audio/madashell16-16.mp3 (3.3 mb, 28
min) (streaming version)
New Nickel Rants:
6/28/05 - "Trollops in Black Robes"
http://www.conspiracypenpal.com/rants/trollop16-16.mp3 (streaming mp3)
6/22/05 - "Of Course, You Know, This Means War!"
http://www.conspiracypenpal.com/rants/war16-44.mp3 (streaming mp3)
New audio files:
4/25/05 - Thorn/Giuliani's Wing TV Interview with Edgar J. Steele
(mp3 audio, 2.7 mb, 24 min)
3/30/05 - Steele's Twenty Commandments for New Lawyers (mp3
audio, 1.5 mb, 14 minutes)
Yes. Yet another commentary on the recent Kelo decision by the US
Supreme Court...more or less. Actually, both more and less.
I generally avoid writing about things that I deem to be receiving
adequate commentary on the Internet (I gave up long ago on the
nonstop lies of traditional media, of course). Kelo is getting
plenty of that...adequate commentary, that is. And totally
appropriate, too. About the only observations I can't officially get
behind are those made by a few hysterics suggesting that nine lengths
of rope be secured for a visit to the Supreme Court chambers.
However, I received such an overwhelming demand from list members for
my take on the Kelo case (particularly since I chose to talk about
the Supremes' Ten Commandment decision a few days ago) that I have
decided to add my ranting to the cacophony, after all.
Actually, anybody who follows my writings knows exactly how I feel
about this case, already. I suspect that what you really want simply
is to hear me rant and rave about it. Even if it gets me disbarred,
because criticizing sitting judges is the third rail for practicing
lawyers - especially those of us still standing and who are
politically-incorrect. Well, I'm not practicing law much anymore,
anyway, because the deck gets so stacked against my clients, so I
haven't that much to lose. For the record, let's consider you my
clients and this to be legal advice - not much shelter for a
disbarment hearing, but it's something.
I read the decision, the concurrence and the two dissents. Nothing
surprising - except for the mere fact of O'Connor and Thomas
dissenting, of course. I've grown so accustomed to judicial
intellectual dishonesty, irrationality and outright lies (I almost
used the word "prevarication" there, but you deserve better from
me). As a lawyer, I am well past my "use by" date, for the reasons
given in my 20 Commandments for New Lawyers. I no longer can
tolerate judicial intellectual tripe, pretense and false
justification, which differ from gutter logic only in the number of
syllables used per word.
I know my next sentence will get this article barred by a great many
ISPs, but there simply is no better description. The U.S. Supreme
Court's decision in Kelo v. New London, et al., is absolute and total
bullshit. Pornographic, even, under the old standard for
pornography, in that it possesses "no redeeming social value." Let
me say it again: BULLSHIT!!! Make no mistake. Shout it from the
rooftops. Hear it echo down the halls. Throw open your windows,
lean out and shout, "I'm mad as Hell and I'm not going to take this
BULLSHIT anymore!" (With apologies to Howard Beale.) There simply
is no better word, else I would use it (as with "prevaricate," above,
you deserve the best from me, after all).
Susette Kelo owns (soon to be "owned") an expensively-improved house
with a prime water view. She was joined in her suit by several other
petitioners, among them an elderly couple who have lived in their
home for 60 years, with the wife actually having been born there in
1918 and never having lived anywhere else. To say we are talking
about unique and prized personal residences would be a gross
understatement. The City of New London, Connecticut, is taking their
homes, among many others, and "selling" them to a private developer,
who intends to construct a waterfront "urban village" which will
include shops, condos and 90,000 square feet of private office
space. Note the repeated usage of the term "private."
Justice Stevens, speaking for the majority of the court in his
written opinion, correctly framed the issue involved: "The question
presented is whether the city's proposed disposition of this property
qualifies as a "public use" within the meaning of the Takings Clause
of the Fifth Amendment to the Constitution." (Kelo vs. City of New
London, et al., USSC No. 04-108, 6/23/2005)
Where's the "public use" in this taking, as required by the Fifth
Amendment, you might ask? "Economic development" is the court's
response: "Clearly, there is no basis for exempting economic
development from our traditionally broad understanding of public
purpose." (Kelo, Ibid) I'm not even going to dignify usage of the
term "clearly" in Stevens' opinion with any sort of reasoned
discussion. It simply is more bullshit. "Clearly," indeed. I'll
tell you what is clear about this opinion, because we all can smell
it, even way up here in the cheap seats. Can you say, "taxes," boys
and girls? "Economic development" is a euphemism that bureaucrats
employ when contemplating an increase in the current tax base.
Money, in other words.
It's always about money, isn't it? Tell that to the 87-year-old lady
and her husband living out their final years in the only home she
ever has known. What an incredibly, disgustingly, money-grubbing,
thieving, murderous and shabby enterprise America has become! This
is not the country into which I was born. These are not the people
who pledged certain values to me, in exchange for which I became the
person I am today. This isn't your father's America.
I simply cannot resist dropping in this quote from the Kelo decision,
either: "(O)ur jurisprudence has recognized that the needs of
society have varied between different parts of the Nation, just as
they have evolved over time in response to changed circumstances."
In other words, the Supreme Court actually admits that it no longer
interprets the Constitution, but merely issues fiat law in response
to "the needs of society." Judicial relativism.
Like moral relativism, judicial relativism is a term I have coined to
refer to the lack of any sort of legal compass, akin to the lack of a
moral compass for those who preach, "If it feels good, do it." The
legal compass, of course, would be the Constitution...at least, it
used to be when the US Supreme Court did its job of interpreting the
Like moral absolutism, judicial absolutism has been a casualty of the
coup that has taken place in America during the past fifty years.
You get an idea of the devolution of America's judiciary and
government by considering the change of fare coming through your
television set during the same period of time. From "I Love Lucy" to
MTV, which today features nudity, miscegenation, religious blasphemy,
thinly-veiled sex acts and human excrement thrown on contestants in
certain of its shows. Yes, it is that bad.
In reality, the coup started with establishment of the Federal
Reserve System under President Wilson, who thought he was selling out
America for the job he really wanted - President of the World - which
he was promised by his Zionist keepers in payment for his treachery,
in the form of taking the helm of the soon-to-be-established-but-
short-lived League of Nations. JFK's assassination marked the real
beginning of the total takeover that you now see living and breathing
throughout the halls of power in Washington, DC. and now entering
into every level of state and local government. (Much, much more on
all this in my book, Defensive Racism.)
There is an important topic barely mentioned in the Kelo opinion:
The second of the two Fifth Amendment prerequisites to a taking of
private property through eminent domain powers: the payment of "just
compensation." The court seems to assume that all the property
owners involved in this and other, similar cases, will get paid "just
compensation." Nothing could be further from the truth. Let me
illustrate with an example right here in North Idaho.
Several years ago, a local Sandpoint hotel embarked upon a major
expansion that was to take up the better part of a square city block
and spill across a street into part of the adjoining block for its
rooms, restaurant, bars, meeting rooms, etc. Everybody in its way
sold out at premium prices except for one guy who owned a run-down
tavern. Nothing worked. Nothing would make him sell, not even an
attempted court lawsuit. It was his dream. His little piece of
heaven and no amount of money would provide him "just compensation."
That's the problem with real estate. Every single piece is unique,
some with values far beyond monetary to their owners. In some cases
it is like trying to put a price on a child...or love...or
vengeance. Can't be done.
Connie's hotel built around the Tervan, with its walls towering over
the little structure, right on the property lines and, to this day,
on Sandpoint's main street, you can see Connie's Hotel, a monolith
except for one little pocket, right in the middle on one street
fronting the hotel: The Tervan. (Seems some guy years ago meant to
put up the word "Tavern" on the reader board but made a mistake which
became endearing to some regulars.) During the onslaught by Connie's
lawyers, the guy added to his sign the legend, "Hell, no, we won't
go!" People loved it. You can still get a beer in the Tervan.
Gotta wonder how much longer, though, because that parcel would
produce a great deal more in the form of property taxes as a part of
Today, Connie's could initiate an eminent domain action and not have
to pay a premium, even. In fact, I predict that, eventually, the
Kelo decision will result in property being taken from people for
pennies on the dollar. Let your imagination run wild with how that
might happen, as it is a topic for another day, but - mark my words
well - it will happen.
So Kelo is fatally defective for ignoring the whole issue of "just
compensation," inevitably tied to the inherently unique, one-of-a-
kind nature of each and every single piece of real estate in
America. Ask any real estate agent, "What's a piece of property
worth?" Always, the answer will be, "Whatever somebody is willing to
pay for it." There's the rub. When it's taken from you, nobody is
bargaining to buy it, so its value never can be ascertained with
anything approaching certainty. What if all the local appraisers are
beholden to the developer? Or local government? Or....
A particularly entertaining counterpoint to this past week's Kelo
decision was the announcement by a fellow in California, Logan Darrow
Clements, that he is applying to take a New Hampshire farm away from
one of the Supreme Court justices who signed the majority opinion,
David Souter, by eminent domain and convert it into a hotel. In a
letter to the local town fathers, Mr. Clements said: "The
justification for such an eminent domain action is that our hotel
will better serve the public interest as it will bring in economic
development and higher tax revenue to Weare." Now, there is an
eminent domain action that I can get behind!
America has a great many problems which are, in reality, merely
symptoms of a far more fundamental problem: the people who presume
to run America today.
The ability to acquire power trumps the ability to exercise power
either thoughtfully or fairly. In other words, the people in power
always are the very people who never should have been given power in
the first place. Think on this for a moment and you will see how it
must be so. In fact, how it never could be any other way except at
the very beginning of any nation.
Why? Because those willing to do anything, all other things being
equal, always will beat out those hampered by morals and ethics.
That is the real reason why we get the kind of Presidents and
Congresscritters and Judges that we have, year in and year out.
Never in a million years would I want to be a judge. I think that
there must be something fundamentally wrong with anybody who actually
wants to sit there and say to other people, "You live" or "You die."
Really, now, what's the difference between that and being a serial
killer? A serial killer makes that decision about everybody with
whom he comes into contact.
Remember in Third or Fourth Grade, when the teacher suddenly
announced, "Okay, children, now we are going to vote on class
officers. Who would like to be Class President?" Remember the
little fat kid who sat on the right, up in the front row? The really
annoying kid who sucked up to the teacher all the time and didn't
like you? His hand shot up so fast that you figured he might have
dislocated his shoulder. Today, that little fat kid is a judge.
All of America's judges should be taken out and....well, let's just
say they should be turned out of their jobs.
Next, we should assemble all the country's lawyers and ask who wants
to be a judge. We could do it in the Poconos in August, since so
many lawyers already will be there. All those who raise their hands
should also be taken out and....turned out of their jobs. The rest
simply should be disbarred, myself included.
Very few lawyers will be needed if we eliminate 99% of the laws that
nobody can understand or stay on the right side of, anyway, and those
lawyers should be forced to serve part time as judges at no pay.
That will speed things up, I guarantee you. Since juries will be
deciding all matters of fact and law, just as they should be doing
anyway, but are kept from doing by a corrupt and unfair system, the
judge is just a referee and needs only to know the rules of procedure.
Howard Beale's full rant deserves a listen at this point: "You've
got to say, 'I'm a HUMAN BEING, Goddamnit! My life has VALUE!' So I
want you to get up now. I want all of you to get up out of your
chairs. I want you to get up right now and go to the window. Open it,
and stick your head out, and yell, 'I'M AS MAD AS HELL, AND I'M NOT
GOING TO TAKE THIS ANYMORE!' I want you to get up right now, sit up,
go to your windows, open them and stick your head out and yell - 'I'm
as mad as hell and I'm not going to take this anymore!' Things have
got to change. But first, you've gotta get mad!... You've got to
say, 'I'm as mad as hell, and I'm not going to take this anymore!'
Then we'll figure out what to do about the depression and the
inflation and the oil crisis. But first get up out of your chairs,
open the window, stick your head out, and yell, and say it: I'M AS
MAD AS HELL, AND I'M NOT GOING TO TAKE THIS ANYMORE!"
Now, I want to open my window and this is what I want to hear as soon
as you are all finished reading or listening to this article: (Click
for sound file)
Let's close with a joke. How do you know when a judge is well hung?
(Answer: When he stops breathing.) Now, that's a joke, don't
forget, Mr. Chertoff. I don't want you trumping up charges against
me of conspiracy to commit murder of a Federal judge just because
this joke is a good deal more specific than that claptrap with which
you managed to send Matt Hale away for forty years, simply because he
failed strenuously enough to object to the suggestion by one of your
FBI agents that a judge be plugged.
New America. An idea whose time has come.
Let's try something different this week, also by popular demand. A
few of your emails, both good and bad. Let's see how it goes and
maybe we'll make it a regular addition to the columns...
Re: Trollops in Black Robes
JVR writes: Gee, I looked at my copy of the Constitution and I
couldn't find the words "excessive entanglement." Perhaps you
meant "excessive exuberance?"
You are absolutely right. I deleted a paragraph to tighten up the
rant, but it just happened to be the transition from the
Establishment Clause to the early meaning of "excessive
entanglement," which has been the measure of "no law respecting an
establishment of religion" since virtually the beginning of America.
The "shall be no establishment" phrase from the First Amendment is
what really meant no Church of America. I screwed up, though my
argument still is sound. - ed
Sviad writes: I think perhaps you have confused modern, secular Jews
with their older siblings. Many of the problems in this country and
the world today that you, and those who hold similar views write and
speak of extensively are due to a lust for power and money on the
part of all races in the world, not just Jews. The reason there are
so many secular Jewish corporate leaders is that Jews are unusually
intelligent and posses an innate talent for creating wealth and
managing businesses, not because they are the devil incarnate...the
culprit behind all of these things is greed and little else.
John writes: As we that know the law business know, the law is what
the judge says it is; today it is one thing, and tomorrow it is
another thing! Inconsistency and whim seem to rule! It is all
nothing but human opinions...
Natway writes: I am an atheist...don't need a connection with a
higher being and don't care if one does or does not exist. My
surprise is your continued use of the word justices when referring to
Well...I certainly intended no offense to atheists when I said that's
what today's judges are. Nor did I mean to insult prostitutes. Both
groups deserve better. -ed
Bill writes: (Concerning America) The lifeboats are sinking and the
ship is sunk...
Jim writes: We in Australia are suffering much the same, except that
we do not even have an Australian Constitution, so we don't expect
any moral behaviour from the "so called government."
Alan writes: Love your Rants. The latest one was particularly good.
I did notice one tiny error, however. It's not Secular Humanism - As
you well know, it's Secular Jewmanism - Worship of the Jew.
Scott writes: Thanks very much, Ed, for saying what needed to be
said. I would have been a tad rougher, though. Of course, the last
vestiges of my patience are gone...
I'm getting a lot of email like this - it's a very different change
from even just a year ago. There is a distinct change in the air
throughout America. - ed
Thanks to all who read or listen to my ranting and raving. Rest
assured that I read all your emails, both positive and negative. You
have no idea how much your support buoys me up over the negatives,
each and every day. I get over a thousand emails a day now, so
please forgive me if I don't respond or include you in summaries like
this. I'll try to have the courage to include some of both types in
the future (though the good outweighs the bad by a ratio of about a
thousand to one).
Copyright ©2005, Edgar J. Steele
Forward as you wish. Permission is granted to circulate
among private individuals and groups, post on all Internet
sites and publish in full in all not-for-profit publications.
Contact author for all other rights, which are reserved.
On-Line link to this article in HTML format:
Rekindle the Rivalries. Sign up for Fantasy Football