EMINENT DOMAIN

                                                                                                   © David E. Spry

EMINENT DOMAIN

Roe vs. Wade is an Eminent Domain ruling.  The right of privacy, to justify abortion, is the right of personal eminent domain. The King of England claimed the colonies as well as England as his own personal eminent domain.  The Declaration of Independence was a declaration of independence from eminent domain declaring that all men are equal.     

 

The United States is polarized.  The cause of this polarization is the two conflicting views of where rights come from.  Up until the 1950s the dominant view was: rights come from nature (Natural Law).  Each individual has permanent individual rights. Government can never be more then a refection of the individual and has no greater rights then the individual.

 

The individual has a personal right of self defense which is reflected in every level of government. City police, county police, state police, federal police, and ultimately the armed forces are extensions of individual rights.  Government exists at the consent of the governed. Individuals always retain original fundamental rights as endowed by nature; even the right to overthrow any government that becomes oppressive. The right of self protection is delegated at every level of Government without loss of the individual right of self defense.  This view of America was taught in American History in Junior High when I was in school.

 

The other view is: rights come from group consensus.  Rights are whatever the majority agrees that they should be.  Rights change as a refection of the group will.  We can see this theory in action in Palestine and Iran. In Palestine the minority protests violently and in Iran the majority is silent.

Recently, New Orleans bulldozed private homes within its incorporated body.  Imagine a reporter asking New Orleans officials about the incident:

Reporter, “New Orleans is accused of bulldozing homes without owner notification.” 

Official, “We have only bulldozed buildings unsuitable for habitation.”                 Reporter, “Property owners feel that this is an arbitrary destruction of their personal property.  Aren’t personal property rights important to the City of New Orleans?”  

Official, “We, as the head of the incorporated body of New Orleans, must make hard decisions; there is no evidence that a single soul resided in any of the domiciles that we bulldozed.”

 

The recent Supreme Court decision in favor of Eminent Domain came as a surprise to some.  This ruling, which is a logical next step, should surprise no one.

Roe vs. Wade was an Eminent Domain ruling and a judicial creation of a new individual right.  It follows that if an individual has the right to exercise eminent domain over her own body that any incorporated body (as a reflection of individual rights) has the same right.  The right of privacy, to justify abortion, is the right of personal eminent domain.  States could logically claim eminent domain. Could you imagine the Governor of the State of Louisiana arbitrarily picking a spot of higher ground for the city of New Orleans?

 

Government, at all levels, is a reflection of individual rights. If the Supreme Court follows its logic and precedent it must determine that New Orleans, being in the domain of the State of Louisiana, would have to move. What if the Executive Branch of The Federal Government claimed eminent domain over the oil fields of Alaska?  The Supreme Court has started down a dangerous line of reasoning and precedent that is absolutely contrary to the Declaration of Independence.

 

The King of England claimed the colonies as well as England and everyone in it as his own personal eminent domain.  The Declaration of Independence was a declaration of independence from eminent domain declaring that all men are created equal.  Government can never claim eminent domain; to do so is to claim dominion over its subjects.  To set aside land or delegate the exercise of personal rights by designated departments of government must be a reflection of the will of the people not enacted by arbitrary command.

 

We are shocked that a Muslim father could cut the throat of any family member that brings him shame.  The Muslim man claims that traditional Muslim law has given him the right.  Under Muslim law, he has eminent domain over his family. When the Muslim extremist sees America he sees a land where a woman has the right to kill any unborn baby that shames her; where abortion and pornography is liberty.  Both the American woman and the Muslim man can say in unison:  “What I do is legal under my law”!

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