In the Kelo vs. the city of New London case the decision made was that the municipal development statute that was behind the taking of the land was correct as it was part of projects of economic development i.e. public use of property for the best public interest.
This decision is such that if it is taken as a precedent in future cases, private property can be confiscated by the government under the guise of economic development and given to other is seen as a contravention of the rights guaranteed in the American constitution which guarantee the sanctity to personal property.
According to David Forte, Many problems come up in the relation of the judicial system and political system in the United States (Forte 1).
The justices who dissented to the ruling were guided by this principle concerning private one of the justices who dissented to the ruling is Justice O’Connor whose views as a Supreme Court justice have been dissented to in many circles.
Her liberal views on federalism, affirmative action gender, religion etc have been the source of controversies. Together with her were other four dissenting justices who were guided by justice for the citizens. This is partly to be found in a pragmatic approach to issues of jurisprudence.
In the midst of all the controversy surrounding this decision of the Supreme Court is the fact that dissentions are done with the American dream at heart. For instance, the seizure of private land by the local government for private development can be greatly abused.
A well developed neighborhood for residential houses may be demolished to create space for development of private shopping area. The justices who see the danger in the decision work towards Americas self discovery and transformation.
The case has been a source of the judges who rule in disfavor of the government policies to be called activist judges. This has been a term that has grown over the years (Activist Judges.com par.5). The cause of this sort of victimization is the ruling hat is not popular with the state and no doubt it is state machinery that is behind the propaganda of activist judges. In the real sense the judges perform their duties according to the law.
It can be seen that there is blackmail on those judges who don’t toe the line of the political elite in the country; calling them political activists is one of the politician’s tactics to achieve cheap victories in courts.
The freedom of the judicial system needs to be secured from such attacks like this because they may interfere with the role of the justice department of checking the other arms of the government. Those judges who are branded the name activists should not yield to this intimidation so as to keep the fire of justice burning.
Forte, David. The Supreme Court in American Politics: Judicial Activism vs. Judicial Restraint, Heath, University of Michigan, 1972.
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