Finally, CNN's Inside Politics (IP) gets around to Kelo

but only because there is pending congressional action responding to it. Better late than never I guess. You will recall I blogged earlier about IP's silence on the story.

Here's the transcript of the Joe Johns piece, as recorded and checked against the video by yours truly, followed by my thoughts on Johns's slant:

CNN
Inside Politics
30 June 2005 (Thursday)



Suzanne Malveaux, host: “Last week's Supreme Court decision on the issue of eminent domain granted new powers to local governments that try to seize private property for economic development. The decision also angered some members of Congress in both political parties. CNN congressional correspondent Joe Johns is on Capitol Hill and he joins me now for more. Joe?”


John Johns, congressional correspondent: “Suzanne, the House is taking up a resolution condemning the Supreme Court decision, as well. There's legislation in both the House and the Senate now working its way through. We've heard this before, of course, the Supreme Court makes a decision, then the Congress of the United States gets up in arms about it, and that's happening in fact, as a matter of fact, a lot of conservative groups out in the country are getting up in arms, as well.

Johns: “Now, this is also happening, of course, over in the House of Representatives. Congressman Tom DeLay and House Judiciary Committee chairman Jim Sensenbrenner attending a news conference with others today issuing essentially a challenge to the Supreme Court.”


Rep. Tom DeLay (R-TX): “This Congress has, is not going to just sit by, idly sit by, and let an unaccountable judiciary make these kinds of decisions without taking our responsibility and our duty to, eh, given to us by the Constitution to be a check on the judiciary.”

Rep. James Sensenbrenner (R-WI): “What all of us who wish to see this legislation enacted into law want to make sure happens is that the federal government's money will not be used to finance taking somebody's property from them to build a strip mall or a hotel.”

Johns: “On the Senate side, Senator John Cornyn of Texas also has a bill that he's working on, hoping to get some Democrats to sign on to that. The fact is though, a number of liberal Democrats are very concerned about the Kelo decision of the Supreme Court, including Congressman John Conyers of Michigan, also Congresswoman Maxine Waters of California. I talked to her a little while ago about that and she says she's particularly concerned about the effect on poor property owners.”

Rep. Maxine Waters (D-CA): “This is an issue that crosses lines, political lines. I think most of us really are steeped in the American dream of ownership of our homes and land. And we hold that very dear. That's something that we think the government should protect. Not put at risk. This decision turns that all on its head.”

Johns: “There's clearly another side to this. Of course, this is yet another challenge to the power of the Supreme Court. The other thing is, the Kelo decision stressed that people who have their property taken ought to get just compensation. That seems to be getting lost in the argument. Back to you, Suzanne.”

Malveaux: “Joe Johns, thank you very much.”

Well, no, John, it isn't being lost. The Supreme Court didn't make up the just compensation portion of the ruling, that language is in the Bill of Rights to begin with. But the fact remains that the just compensation stipulation in the Fifth Amendment is not a grant of power to Congress or the states to seize property to hand over to private entities so long as the monetary compensation is just. It is a restriction on the power of government to seize property: it may only do so for PUBLIC use and only then with just compensation. That seizing private property by government fiat to hand over to another private entity so long as there is a "just" monetary compensation to the original owner is egregious convoluted logic which resulted in Kelo and which is fundamentally at issue with the hell-freezing-over moment of Tom DeLay and Maxine Waters being political bedfellows. [I know, not the prettiest image to have burned in your mind.]

True, DeLay and company can focus on this as yet another prime example of a runaway judiciary, and to my mind, they should, especially since the liberals on the court, plus Anthony Kennedy, gave us this monstrous ruling. But by the same token leftists can use Kelo as a springboard to rail against greedy corporations teaming up with government cronies to screw the little guy. That doesn't mean both arguments don't hold some merit nor that the political posturing towards the base voters totally negates the sound policy that Congress seeks to assert in working to lessen the blow of Kelo.