Life, Liberty, and Property

Hands off our homes
A Supreme Court ruling that allows the government to seize private property has set off a fierce backlash that may yet be as potent as the anti-abortion movement

"Seven days later [after the Kelo v. New London SCOTUS decision], by a ten-to-one margin, the Republican House of Representatives passed a motion disagreeing with the court. A constitutional amendment to overrule Kelo is before the House, while a bill that would have a similar effect is before the Senate. Delaware, Alabama and Texas have already passed laws restricting the government's power to grab private property. Legislators from two dozen other states have either proposed similar bills, or promised to do so.quot;

….

"Since Kelo, the law may have shifted in favour of the men with the bulldozers, but public opinion has swung sharply the other way. Polls suggest that 90% of Americans disapprove of the kind of seizures allowed by Kelo. Such is the anger that some developers say they are shunning even the kind of eminent-domain seizures that would have been legal before Kelo."

This decision has local implications, too.

"Property-owners fighting against local government have been buoyed by the backlash. In the town of Ardmore, Pennsylvania, for example, a small group of businessfolk received letters last year informing them that their shops were to be demolished to make way for a new development including apartments and a parking garage."

….

"The local government had declared the area 'blighted'. But a brief walkabout reveals that it is no more blighted than the potato you ate for lunch. A couple of shop fronts are a bit tatty, but otherwise it looks fine. Indeed, the district has been officially designated 'historic', since much of it was built in the 19th century. The condemned properties include a second-hand shop that supports the local hospital, a club for veterans of foreign wars and Scott Mahan's stationery shop, which has been in his family since 1926."

BTW, Ardmore is in Lower Merion Township, which was founded by Quakers, some of whom are my ancestors. It's a tenuous tie, perhaps, but preserving PA and family history is important to me. So is sticking up for underdogs.

A lot of the groups making a fuss about Kelo, like Grassfire, are conservative in nature, and the article points out similarities to the Roe v. Wade ruling. I don't think this should be dismissed as a right wingnut issue, however. The Left ought to be more interested that it seems to be. I can't recall a single alert or petition coming from the ACLU, MoveOn, or any of the other myriad liberal organizations I get mail from (and I get a lot). Why is that?

Average Americans of all political leanings seem to be outraged by this decision, but the leadership seems to be asleep at the switch. This decision will benefit large corporations and hurt small businesses and individual landowners. Joe Voter stands to lose the most from this ruling. The problem is, he didn't vote for the folks who made the decision. They were appointed by presidents and confirmed by his senators. The legislative branch is supposed to serve as a check on the powers of the executive and judicial branches. It's time to hold our representatives accountable and impress upon them the importance of supporting an amendment to reverse Kelo. To do that, we're going to need help from grassroots organizations from all parts of the spectrum.

Wake up, Left! Your country needs you!

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About Funky Dung

Who is Funky Dung? 29-year-old grad student in Intelligent Systems (A.I.) at the University of Pittsburgh. I consider myself to be politically moderate and independent and somewhere between a traditional and neo-traditional Catholic. I was raised Lutheran, spent a number of years as an agnostic, and joined the Catholic Church at the 2000 Easter Vigil. Why Funky Dung? I haven't been asked this question nearly as many times as you or I might expect. Funky Dung is a reference to an obscure Pink Floyd song. On the album Atom Heart Mother, there is a track called Atom Heart Mother Suite. It's broken up into movements, like a symphony, and one of the movements is called Funky Dung. I picked that nickname a long time ago (while I was still in high school I think), shortly after getting an internet connection for the first time. To me it means "cool/neat/groovy/spiffy stuff/crap/shiznit", as in "That's some cool stuff, dude!" Whence Ales Rarus? I used to enjoy making people guess what this means, but I've decided to relent and make it known to all. Ales Rarus is a Latin play on words. "Avis rarus" means "a rare bird" and carries similar meaning to "an odd fellow". "Ales" is another Latin word for bird that carries connotations of omens, signs of the times, and/or augery. If you want to get technical, both "avis" and "ales" are feminine (requiring "rara", but they can be made masculine in poetry (which tends to breaks lots of rules). I decided I'd rather have a masculine name in Latin. ;) Yeah, I'm a nerd. So what? :-P Wherefore blog? It is my intention to "teach in order to lead others to faith" by being always "on the lookout for occasions of announcing Christ by word, either to unbelievers . . . or to the faithful" through the "use of the communications media". I also act knowing that I "have the right and even at times a duty to manifest to the sacred pastors [my] opinion on matters which pertain to the good of the Church, and [I] have a right to make [my] opinion known to the other Christian faithful, with due regard to the integrity of faith and morals and reverence toward [my and their] pastors, and with consideration for the common good and the dignity of persons." (adapted from CCC 904-907) Statement of Faith I have been baptized and confirmed in the name of the Father, Son and Holy Spirit. I, therefore, renounce Satan; I renounce all his works; I renounce all his allurements. I hold and profess all that is contained in the Apostles' Creed, the Niceno- Constantinopolitan Creed, and the Athanasian Creed. Having been buried with Christ unto death and raised up with him unto a new life, I promise to live no longer for myself or for that world which is the enemy of God but for him who died for me and rose again, serving God, my heavenly Father, faithfully and unto death in the holy Catholic Church. I am obedient to the Magisterium of the Catholic Church. That is, I promote and defend authentic Catholic Teaching and Faith in union with Christ and His Church and in union with the Holy Father, the Bishop of Rome, the Successor of St. Peter. Thanks be unto Thee, O my God, for all Thy infinite goodness, and, especially, for the love Thou hast shown unto me at my Confirmation. I Give Thee thanks that Thou didst then send down Thy Holy Spirit unto my soul with all His gifts and graces. May He take full possession of me for ever. May His divine unction cause my face to shine. May His heavenly wisdom reign in my heart. May His understanding enlighten my darkness. May His counsel guide me. May His knowledge instruct me. May His piety make me fervent. May His divine fear keep me from all evil. Drive from my soul, O Lord, all that may defile it. Give me grace to be Thy faithful soldier, that having fought the good fight of faith, I may be brought to the crown of everlasting life, through the merits of Thy dearly beloved Son, our Savior, Jesus Christ. Amen. Behind the Curtain: an Interview With Funky Dung (Thursday, March 03, 2005) I try to avoid most memes that make their way 'round the blogosphere (We really do need a better name, don't we?), but some are worth participating in. Take for instance the "interview game" that's the talk o' the 'sphere. I think it's a great way to get to know the people in neighborhood. Who are the people in your neighborhood? In your neighborhod? In your neigh-bor-hoo-ood...*smack* Sorry, Sesame Street flashback. Anyhow, I saw Jeff "Curt Jester" Miller's answers and figured since he's a regular reader of mine he'd be a good interviewer. Without further ado, here are my answers to his questions. 1. Being that your pseudonym Funky Dung was chosen from a Pink Floyd track on Atom Heart Mother, what is you favorite Pink Floyd song and why? Wow. That's a tuffy. It's hard to pick out a single favorite. Pink Floyd isn't really a band known for singles. They mostly did album rock and my appreciation of them is mostly of a gestalt nature. If I had to pick one, though, it'd be "Comfortably Numb". I get chills up my spine every time I hear it and if it's been long enough since the last time, I get midty-eyed. I really don't know why. That's a rather unsatisfying answer for an interview, so here are the lyrics to a Rush song. It's not their best piece of music, but the lyrics describe me pretty well.

New World Man He's a rebel and a runner He's a signal turning green He's a restless young romantic Wants to run the big machine He's got a problem with his poisons But you know he'll find a cure He's cleaning up his systems To keep his nature pure Learning to match the beat of the old world man Learning to catch the heat of the third world man He's got to make his own mistakes And learn to mend the mess he makes He's old enough to know what's right But young enough not to choose it He's noble enough to win the world But weak enough to lose it --- He's a new world man... He's a radio receiver Tuned to factories and farms He's a writer and arranger And a young boy bearing arms He's got a problem with his power With weapons on patrol He's got to walk a fine line And keep his self-control Trying to save the day for the old world man Trying to pave the way for the third world man He's not concerned with yesterday He knows constant change is here today He's noble enough to know what's right But weak enough not to choose it He's wise enough to win the world But fool enough to lose it --- He's a new world man...
2. What do you consider your most important turning point from agnosticism to the Catholic Church. At some point in '99, I started attending RCIA at the Pittsburgh Oratory. I mostly went to ask a lot of obnoxious Protestant questions. Or at least that's what I told myself. I think deep down I wanted desperately to have faith again. At that point I think I'd decided that if any variety of Christianity had the Truth, the Catholic Church did. Protestantism's wholesale rejection of 1500 years of tradition didn't sit well with me, even as a former Lutheran. During class one week, Sister Bernadette Young (who runs the program) passed out thin booklet called "Handbook for Today's Catholic". One paragraph in that book spoke to me and I nearly cried as I read it.
"A person who is seeking deeper insight into reality may sometimes have doubts, even about God himself. Such doubts do not necessarily indicate lack of faith. They may be just the opposite - a sign of growing faith. Faith is alive and dynamic. It seeks, through grace, to penetrate into the very mystery of God. If a particular doctrine of faith no longer 'makes sense' to a person, the person should go right on seeking. To know what a doctrine says is one thing. To gain insight into its meaning through the gift of understanding is something else. When in doubt, 'Seek and you will find.' The person who seeks y reading, discussing, thinking, or praying eventually sees the light. The person who talks to God even when God is 'not there' is alive with faith."
At the end of class I told Sr. Bernadette that I wanted to enter the Church at the next Easter vigil. 3. If you were a tree what kind of, oh sorry about that .. what is the PODest thing you have ever done? I set up WikiIndex, a clearinghouse for reviews of theological books, good, bad, and ugly. It has a long way to go, but it'll be cool when it's finished. :) 4. What is your favorite quote from Venerable John Henry Newman? "Ten thousand difficulties do not make one doubt." 5. If you could ban one hymn from existence, what would it be? That's a tough one. As a member of the Society for a Moratorium on the Music of Marty Haugen and David Haas, there are obviously a lot of songs that grate on my nerves. If I had to pick one, though, I'd probably pick "Sing of the Lord's Goodness" by Ernie Sands.

3 thoughts on “Life, Liberty, and Property

  1. dlw

    Average americans tend to have a very poor understanding of constitutional law.

    If you read the actual disposition then you see that some very specific reasons were given to justify the taking in light of a public purpose.

    It is impossible for every “taking” to mandate compensation without completely impairing the police-role of the gov’t.

    I would suggest that you do some more homework before jumping on a populist bandwagon on issues that are outside of your intellectual purview.

    Besides what is at stake here is the inviolability of ownership of land and that has historically been a difficult moral question. Here are some quotes from famous thinkers on the matter taken from a Henry George website.

    John Locke said that “God gave the world in common to all mankind…. When the ‘sacredness’ of property is talked of, it should be remembered that any such sacredness does not belong in the same degree to landed property.” William Blackstone wrote: “The earth, and all things therein, are the general property of all man-kind, from the immediate gift of the Creator.” Thomas Paine stated that “men did not make the earth… It is the value of the improvements only, and not the earth itself, that is individual property.” According to Thomas Jefferson, “The earth is given as a common stock for men to labor and live on.”

    John Stuart Mill wrote: “The increase in the value of land, arising as it does from the efforts of an entire community, should belong to the community and not to the individual who might hold title.” Abraham Lincoln said: “The land, the earth God gave to man for his home, sustenance, and support, should never be the possession of any man, corporation, society, or unfriendly government, any more than the air or water, if as much.” In the words of Herbert Spencer, “equity does not permit property in land … The world is God’s bequest to mankind. All men are joint heirs to it.”

    long and short, our legal rights of property ownership of land are not sacrosanct and may be revoked if it serves a justified public purpose.

    dlw

  2. Funky Dung

    “long and short, our legal rights of property ownership of land are not sacrosanct and may be revoked if it serves a justified public purpose”

    In principle, I agree with you. However, I question whether taking homes and small businesses away to give land to a shopping center is justified. I also dispute that such a taking and giving is really a “public purpose”. By such a loose definition, a lot of undesireable things could be done by a government in the name of private interests under the guise of public purpose.

  3. dlw

    Well it was judged by the appropriate local legislative authorities to be such and the court exercised the correct practice of judicial deference.

    So if you want to second guess such a legislative determination, that is fine, but don’t raise a bloody banner over the courts undermining all property by permitting a taking without compensation.

    dlw

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