This essay will be news to most readers. It never made it to the public's consciousness during the elections of 2000 and 2004, nor is it known by many to this day. Why it was never exploited by the Democratic establishment is a subject for another essay. Read on:
Of all the Supreme Court decisions over our national history, a few reach public iconic consciousness, where at least for a period of time they become "memes" with a broad based public recognition. Thus, Dread Scott and Brown v Board of Ed are antipodes of the long battle for African American civil rights. One recent case that has this status, at least for the time being, is Kelo v. City of New London, or simply Kelo. This 2005 case, that most of us are familiar with, affirmed by a 5 to 4 majority the right of government to condemn private property, not exclusively for public purpose such as highways or hospitals, but for use in a comprehensive redevelopment plan.
Critical legal analysis of Kelo is beyond the scope of this essay, especially since it abounds with paradox. The decision was by the liberal majority with Justice Kennedy casting the deciding swing vote. It was a decision that favors those of wealth and power-Republicans, that was decided by Democrats. But this essay is on its public perception, not its jurisprudence.
Kelo has become the shorthand symbol for incompetent, poorly reasoned and indefensible decisions of the court. The general consensus (I have never seen this decision defended) is that Kelo allowed the bad guys, the developers, to rob the little guy of their most hallowed property rights. Both Republicans and Democrats fulminated fulsomely against this judicial travesty.
But this perceived misuse of Eminent Domain has been going on for many decades. The public hates both the practice, the Kelo decision that affirmed it, and also, and this is my point, those developers who conspire to use this law for their own financial aggrandizement.
It is this final point, the antipathy against developers who use government power to get rich by confiscating other's property, that has been missed by the Democrats. In general just what party supports the power of wealth to overcome the rights of the little guy? O.K. while this is a generality, let's talk specifically: is there a single well known Republican leader who actually participated in a Kelo type raid on the property of others for personal enrichment. And if there is such a person, why wasn't he branded with this? Maybe, before the actual Kelo decision it was a harder point to make, but now, when this decision is widely hated, how do we let this prominent Republican avoid being connected with it. especially if this was used to gain a personal fortune that actually led to his rise to political prominence.
Most of us know that George W. Bush made his first millions as managing partner of the Texas Rangers baseball club. But his fortune was assured before the first pitch was tossed. In a classic Kelo model, the organization he headed convinced the city to use the power of eminent domain, not only to clear the land for the stadium and ancillary parking, they further condemned a large area around it specifically to provide a revenue stream to ensure profitability of the venture.
Those small business owners whose property were being taken fought in the courts for many years, trying to get something closer to fair market value; not that there is such a thing when you just don't want to sell. I searched for a link to an article that describes what I have just written. I'm sure it was covered in the Arlington Morning News, but they went out of business a few years ago and are gone, along with their archives. There is no reference to this in Wikipedia, or even our own Kosopedia. But thanks to a commentor, we have a reference from Molly Ivans, and one more article that goes into more detail
http://www.mollyivins.com/showMisc.asp?FileName=970509_f1.htm
http://espn.go.com/mlb/bush/saturday.html
But I remember seeing the documentary several years ago, showing the distress of the property owners. I kept waiting for them to appear in an ad during one of Bush's elections, "How the defender of private property used government to steal mine" Unlike the swift boat campaign, each word would have been irrefutably true.
Kelo is a meme that should be nurtured, but an enhanced form It should be given a face, with a party label, and that is George W. Bush, Republican. All of his biographies should allude to the details of the Arlington Stadium Eminent Domain abuse. George W. Bush will never run for elective office again, but his legacy will affect his party for decades. This is a story that should be known, and be part of the record. Out of small brush strokes such as this an image is created.