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Assault on the Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous, crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war, or public danger; nor shall any person be subject, for the same offense, to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. - The Bill of Rights

 


With the stroke of a pen, the Supreme Court of the United States effectively rejected one of the most fundamental constitutional freedoms guaranteed to all citizens...

The right to own property.

No person shall be...deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use..."

In a 5-4 decision, the Supreme Court of the United States ruled in Kelo v. New London that the govenment may seize a home, small business, or other private property of one citizen and transfer it to another private citizen - if the transfer would boost the community's economic development or increase its tax base.

With this ruling, no privately owned property is safe from govenment seizure. Houses, farms, churches, church camps, family-owned restaurants, and small businesses are all at risk. As Justice Sandra Day O'Connor wrote in her dissent, "Any single family home might be razed to make way for an apartment building; any church might be replaced with a retail store."

Cities across the country have been using eminent domain to force people off their land, so private developers can build more expensive homes and offices that will pay more in property taxes than the buildings they're replacing.

They covet fields and seize them, and houses, and take them. They defraud a man of his home, a fellowman of his inheritance. - Micah 2:2

This ruling creates a scenario where churches and religious organizations which are tax exempt, could be especially vulnerable to make room for economic development that will enhance the tax base. The socialist arm of the liberal left will likely see this an an excellent "back door" tactic to silence Christians and further alienate them in our society.

Dana Berliner and Scott Bullock, attorneys at a libertarian non-profit group called The Institute for Justice, says “This is a nationwide epidemic,” and “We have documented more than 10,000 instances of government taking property from one person to give it to another in just the last five years.” [CBS News: Eminent Domain: Being Abused?, July 4, 2004]

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