[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Freepers Still Love war

Parody ... Jump / Trump --- van Halen jump

"The Democrat Meltdown Continues"

"Yes, We Need Deportations Without Due Process"

"Trump's Tariff Play Smart, Strategic, Working"

"Leftists Make Desperate Attempt to Discredit Photo of Abrego Garcia's MS-13 Tattoos. Here Are Receipts"

"Trump Administration Freezes $2 Billion After Harvard Refuses to Meet Demands"on After Harvard Refuses to Meet Demands

"Doctors Committing Insurance Fraud to Conceal Trans Procedures, Texas Children’s Whistleblower Testifies"

"Left Using '8647' Symbol for Violence Against Trump, Musk"

KawasakiÂ’s new rideable robohorse is straight out of a sci-fi novel

"Trade should work for America, not rule it"

"The Stakes Couldn’t Be Higher in Wisconsin’s Supreme Court Race – What’s at Risk for the GOP"

"How Trump caught big-government fans in their own trap"

‘Are You Prepared for Violence?’

Greek Orthodox Archbishop gives President Trump a Cross, tells him "Make America Invincible"

"Trump signs executive order eliminating the Department of Education!!!"

"If AOC Is the Democratic Future, the Party Is Even Worse Off Than We Think"

"Ending EPA Overreach"

Closest Look Ever at How Pyramids Were Built

Moment the SpaceX crew Meets Stranded ISS Crew

The Exodus Pharaoh EXPLAINED!

Did the Israelites Really Cross the Red Sea? Stunning Evidence of the Location of Red Sea Crossing!

Are we experiencing a Triumph of Orthodoxy?

Judge Napolitano with Konstantin Malofeev (Moscow, Russia)

"Trump Administration Cancels Most USAID Programs, Folds Others into State Department"

Introducing Manus: The General AI Agent

"Chinese Spies in Our Military? Straight to Jail"

Any suggestion that the USA and NATO are "Helping" or have ever helped Ukraine needs to be shot down instantly

"Real problem with the Palestinians: Nobody wants them"

ACDC & The Rolling Stones - Rock Me Baby

Magnus Carlsen gives a London System lesson!

"The Democrats Are Suffering Through a Drought of Generational Talent"

7 Tactics Of The Enemy To Weaken Your Faith

Strange And Biblical Events Are Happening

Every year ... BusiesT casino gambling day -- in Las Vegas

Trump’s DOGE Plan Is Legally Untouchable—Elon Musk Holds the Scalpel

Palestinians: What do you think of the Trump plan for Gaza?

What Happens Inside Gaza’s Secret Tunnels? | Unpacked

Hamas Torture Bodycam Footage: "These Monsters Filmed it All" | IDF Warfighter Doron Keidar, Ep. 225

EXPOSED: The Dark Truth About the Hostages in Gaza

New Task Force Ready To Expose Dark Secrets

Egypt Amasses Forces on Israel’s Southern Border | World War 3 About to Start?

"Trump wants to dismantle the Education Department. Here’s how it would work"

test

"Federal Workers Concerned That Returning To Office Will Interfere With Them Not Working"

"Yes, the Democrats Have a Governing Problem – They Blame America First, Then Govern Accordingly"

"Trump and His New Frenemies, Abroad and at Home"

"The Left’s Sin Is of Omission and Lost Opportunity"

"How Trump’s team will break down the woke bureaucracy"

Pete Hegseth will be confirmed in a few minutes


Status: Not Logged In; Sign In

politics and politicians
See other politics and politicians Articles

Title: The Trump Goes On
Source: Weekly Standard
URL Source: http://www.weeklystandard.com/blogs ... campaign-will-end_1007525.html
Published: Aug 8, 2015
Author: Steven F. Hayes
Post Date: 2015-08-10 07:34:18 by Tooconservative
Keywords: None
Views: 8253
Comments: 146

It’s not over. And it’s likely to end badly.

In an interview on CNN last night, Donald Trump suggested that Megyn Kelly’s tough questioning was inspired by her menstrual cycle. “You could see there was blood coming out of her eyes,” Trump told CNN's Don Lemon on Friday night. “Blood coming out of her—wherever.”

He refused to apologize, of course, but after widespread condemnation, Trump, who is running on candor and straight talk, sought to explain his comments in a Tweet. “Re Megyn Kelly quote: ‘you could see there was blood coming out of her eyes, blood coming out of her wherever’ (NOSE). Just got on w/thought.’”

It’s a comment that might end any other presidential campaign. Trump is different, in part because this isn’t a campaign. It’s an extended media-driven ego ride.

From the beginning, he’s played by different rules because the media have let him. Trump works just blocks from the headquarters of the major broadcast and cable outlets. But as he’s rolled out his Trump for President brand, he has gotten journalists to come to him. He sits for interviews in the gilded atrium of Trump Towers, a nice home field advantage and one that sets him apart from the other politicians sitting in boring studios.

Trump has conducted frequent telephone interviews on cable networks, sometimes several times a day, and last weekend did “phoners” on two Sunday morning political shows. (Has any other candidate this cycle, in either party, been given an opportunity to do a television interview by phone?) If he were asked policy questions, the arrangement would give him an unfair advantage, with the opportunity to answer questions with a cheat sheet in front of him and Google at his fingertips. But substantive questions about the country and its problems are the exceptions in Trump’s conversations with journalists, who prefer to ask him about his latest controversial comment or seek to provoke the next one by asking him about his opponents. (Trump’s comments about Kelly didn’t provoke any follow-up questions from CNN host Don Lemon, whose interview with Trump continued for several more minutes). So the cycle continues: Trump says something outrageous that may or may not have any relevance to serving as president, he’s asked about it in a largely substance-free interview, and ratings climb—along with Trump’s name ID and poll ratings.

Trump is right, sadly, when he boasts that he is partly responsible for the 24 million viewers who tuned into the debate Thursday night. He has convinced himself that people watch because they love him and in a limited sense, he’s probably right about that, too. While I suspect that the Trump hype is driven by curiosity more than admiration, there is no doubt some segment of the population that is properly understood now as “Trump supporters.” That segment is small and will be shrinking in the coming weeks, but it won’t disappear.

The true Trump apologists are way too far in now. They've invested too much to bail on him. So his defenders will become increasingly desperate to convince people that this is all part of the establishment's failure to understand their anger and the media's failure to appreciate Trump’s appeal.

That’s backwards. It's not that the media have failed to give Trump enough credit; we’ve given his supporters too much. We assumed that at some point they'd embarrassed to be associated with him: If not his slander of Mexican immigrants, then perhaps his mockery of POWs; if not his kindergarten Twitter insults, then perhaps his sad and compulsive boasting; if not his incomprehensible answers to substantive questions at the debate, then maybe, finally, his juvenile and misogynistic put-down of the female moderator

Those who still remain Trump supporters seem to be beyond shame. It doesn’t matter that they’re angry about the incompetence in Washington. Turning to Trump to solve the problems in Washington is like turning to an ape to fix a broken refrigerator. It’s embarrassing, but rather than embarrassment, the Trump followers will feel more anger and their pose will shift from self-righteousness to victimhood. And many of them will dig in further.

More worrisome, for conservatives and for the country, so will Trump. As he’s abandoned by more rational beings, Trump, a man of deep and evident insecurity, will need these remaining supporters as validation that it’s the world that’s gone crazy, not him. They will encourage him to march on, guided by the misapprehension that there are many more behind them, perhaps hard to see, but following in the distance nonetheless. Trump will tout this support and insist, unconstrained by reality, that he can win. (This is the man who continues to say Hispanics love him and will support him, despite polls showing his favorability among Hispanics in the mid-teens).

As Republicans scramble to distance themselves—with many candidates denouncing his remarks about Kelly, as they had his mockery of John McCain—Trump will feel the swelling pride of a man whose bluff is being called. Treat me nicely or I’ll leave, he warned repeatedly.

This is why Bret Baier’s first question Thursday was the single most important question of the debate. Although Trump had left open the possibility of running third party, in the days leading up to the debate he had backed away from those threats. “I’m pretty confident in the answers I’ve gotten from him,” Sean Hannity said Wednesday night. “I’ve asked him a few times. I’m pretty confident he’ll never run third party.”

Less than twenty-four hours later, Trump reversed himself again, raising his hand to show he wouldn't pledge support for the eventual Republican nominee. When Baier asked if Trump meant to be conveying what he seemed to be saying, Trump responded, twice: “I fully understand.”

Trump threatened to leave if Republicans treated him badly. Now, because he’s a churl and a buffoon, Republicans have no choice but to treat him badly.

It’s foolish to pretend to know how it all ends. But one thing is certain: It won’t end well.

Post Comment   Private Reply   Ignore Thread  


TopPage UpFull ThreadPage DownBottom/Latest

Begin Trace Mode for Comment # 135.

#4. To: TooConservative (#0) (Edited)

That’s backwards. It's not that the media have failed to give Trump enough credit; we’ve given his supporters too much. We assumed that at some point they'd embarrassed to be associated with him: If not his slander of Mexican immigrants, then perhaps his mockery of POWs;

Fuck you, Steven Hayes.

Trump was right about Mexico. He did not "slander" Mexican immigrants. And he was right about McCain. He did not "mock" POWs.

That's the thing, Steve-o: you are a liar. You are so wedded to a political idea, to your club, that when you feel threatened - and you ARE threatened by Trump - you lie about what he says, you and your crowd, who seek to try to stampede people through lies.

And so, therefore, your next President will be Hillary Clinton (or Joe Biden).

Why? Because the closest people like us will ever get to you is Trump. You will either grit your teeth and accept a Trump, or a Sarah Palin, or you can go fuck yourself and live with Democrat rule, because that works for us a whole lot better than letting the sort of Republicans YOU like ever have power.

You're not going to have it your way, Stevie. No chance. You're not going to have your Jebby or your Marco, the folks you're comfortable with. You're going to accept somebody who rubs you the wrong way, or you're going to submit to Democrat rule.

Rage away in your impotence, Steve. You DO have the ability to have a Republican President. To have one, you're going to have to swallow your pride and accept Trump. Otherwise, you may as well prepare for "Mrs. President."

Vicomte13  posted on  2015-08-10   8:48:35 ET  Reply   Untrace   Trace   Private Reply  


#6. To: Vicomte13 (#4)

"You're not going to have your Jebby or your Marco, the folks you're comfortable with."

Good point. They may be able to shape and influence the primary, but they'll never get us to vote for their flunky.

8 million registered Republicans stayed home last election. We might set a new record in 2016.

misterwhite  posted on  2015-08-10   9:16:35 ET  Reply   Untrace   Trace   Private Reply  


#68. To: misterwhite (#6)

8 million registered Republicans stayed home last election. We might set a new record in 2016 .

Say hello the Evita Clintoon's reign .

tomder55  posted on  2015-08-10   14:17:54 ET  Reply   Untrace   Trace   Private Reply  


#75. To: tomder55 (#68)

"Say hello the Evita Clintoon's reign ."

Those 8 million stay-at-home registered Republicans said 'hello' to Obama's second term. Did the GOP learn anything? Doesn't look like it.

Perhaps 16 million Republicans staying home will catch their eye. Does that need to happen?

misterwhite  posted on  2015-08-10   15:11:18 ET  Reply   Untrace   Trace   Private Reply  


#77. To: misterwhite (#75)

Perhaps 16 million Republicans staying home will catch their eye. Does that need to happen?

Almost guaranteed if Trump is the GOP nominee.

Tooconservative  posted on  2015-08-10   16:06:43 ET  Reply   Untrace   Trace   Private Reply  


#78. To: TooConservative (#77)

"Almost guaranteed if Trump is the GOP nominee."

So you're saying 8 million stayed home for Romney because he wasn't liberal enough and 16 million will stay home for Trump because he's more conservative than Romney?

In other words, the GOP is going in the wrong direction with their candidates.

misterwhite  posted on  2015-08-10   17:45:50 ET  Reply   Untrace   Trace   Private Reply  


#81. To: misterwhite (#78)

...and 16 million will stay home for Trump because he's more conservative than Romney?

I think Romney actually is a lot more conservative than Trump in his personal life and in his business life.

Some of you guys are really closing your eyes to Trump's long history. He is no conservative. Well, unless your reasoning is along the lines of:

  1. I am a conservative.
  2. I like Donald Trump.
  3. Ergo, Donald Trump is a conservative.

Tooconservative  posted on  2015-08-10   18:32:07 ET  Reply   Untrace   Trace   Private Reply  


#85. To: TooConservative (#81)

1. I am a conservative.
2. I like Donald Trump.
3. Ergo, Donald Trump is a conservative.

I believe your reasoning is:

1. I am a conservative.
2. I don't like Donald Trump.
3. Ergo, Donald Trump must not be a conservative.

"Some of you guys are really closing your eyes to Trump's long history.

You mean as a businessman? Sure, in one sense. Now he's running for President. Priorities change.

misterwhite  posted on  2015-08-10   19:32:11 ET  Reply   Untrace   Trace   Private Reply  


#86. To: misterwhite (#85)

I believe your reasoning is:

Touché. But I don't have a long and documented history of liberal political statements. Trump does.

Tooconservative  posted on  2015-08-10   19:33:26 ET  Reply   Untrace   Trace   Private Reply  


#89. To: TooConservative (#86)

"But I don't have a long and documented history of liberal political statements. Trump does."

Liberal political statements as a businessman. Interests and priorities are different when running for office.

misterwhite  posted on  2015-08-10   19:46:06 ET  Reply   Untrace   Trace   Private Reply  


#90. To: misterwhite (#89) (Edited)

Liberal political statements as a businessman. Interests and priorities are different when running for office.

So he was all for the Kelo decision as a businessman and used it to evict some old lady because he coveted his neighbor's property. But, as president, he'll suddenly swing into line with conservative policy on eminent domain seizures?

What kind of magical thinking is this? Why would you even believe that?

He's not going to change at all. I doubt he's capable of it.

Tooconservative  posted on  2015-08-10   21:21:33 ET  Reply   Untrace   Trace   Private Reply  


#92. To: TooConservative (#90)

"So he was all for the Kelo decision as a businessman and used it to evict some old lady because he coveted his neighbor's property."

When you have to lie to make your point you've lost the debate.

"But, as president, he'll suddenly swing into line with conservative policy on eminent domain seizures?"

And do what? Single-handedly overturn the U.S. Supreme Court decision? Who do you think he is, Obama?

misterwhite  posted on  2015-08-11   8:57:38 ET  Reply   Untrace   Trace   Private Reply  


#93. To: misterwhite, A K A Stone, sneakypete (#92)

When you have to lie to make your point you've lost the debate.

I'm not lying. If anything, I'm understating what Trump said and did on eminent domain.

LarryElder.com, 2011:

Washington, DC - The Club for Growth today noted that Donald Trump once tried to use eminent domain to evict an elderly widow from her Atlantic City home to build a limousine parking lot, and has repeatedly tried to use eminent domain as a tool of his development business:
 
"First we find out Donald Trump is a liberal on taxes, health care, and trade. Now we find out he's an abuser of eminent domain. Eminent domain abuse is an assault on freedom, pure and simple" said Club for Growth President Chris Chocola. "No real conservative would ever use eminent domain in order to take the private property of citizens. I'm shocked and appalled by these revelations. Club members and conservatives ought to know where Donald Trump stands on the issues."
 
Donald Trump: A History of Eminent Domain Abuse
 
In 1997, Trump tried to evict an elderly widow to expand an Atlantic City casino: Vera Coking agreed to drop her lawsuit against Donald Trump yesterday and accepted a settlement of $90,000 from Trump's demolition contractor for damage to the rooming house she has long refused to sell. The settlement does not affect the longstanding battle over ownership of Coking's house on South Columbia Place, a block from Trump Plaza. Coking is still fighting a court battle to keep her home in the face of a state eminent domain action to assist Trump with the expansion of his casino. (Philadelphia Inquirer, 2/19/97)
Trump would have used the land to build a "limousine waiting area": Superior Court Judge Richard Williams said the state's plan to seize the parcels for an expansion of Trump Plaza Hotel and Casino was flawed because it set no limits on what Mr. Trump could do once he obtained the land. Mr. Trump had said the land would be used for a park, a parking lot and a limousine waiting area. (New York Times, 7/26/98)
Trump on pro-eminent domain Supreme Court case Kelo v. New London: "I happen to agree with it 100 percent": CAVUTO: You know, the one thing that sticks in the craw of a lot of people with this court, Donald -- and I don't know where you come down on it, but this eminent domain issue that essentially allowed someone's home to be bulldozed, as was the case in New London, Connecticut, if it gets in the way of developers. Now, you're a pretty successful developer in your own right. What did you think of that decision? Was the court overdoing it with that decision? TRUMP: Well, it's sort of not a good one for me to say, because I noticed every article written about it said, "Will Donald Trump take over your home?" sort of using me as the example, Neil. And it's sort of -- it's an interesting situation to be in. But I happen to agree with it 100 percent, not that I would want to use it. But the fact is, if you have a person living in an area that's not even necessarily a good area, and government, whether it's local or whatever, government wants to build a tremendous economic development, where a lot of people are going to be put to work and make area that's not good into a good area, and move the person that's living there into a better place -- now, I know it might not be their choice -- but move the person to a better place and yet create thousands upon thousands of jobs and beautification and lots of other things, I think it happens to be good. (Fox News, 7/19/05)
 
In 1994, Trump proposed using eminent domain to purchase land in Bridgeport, CT to build an amusement park: The city currently owns Pleasure Beach, which makes up about 40 percent of the 100 acres. The remaining 60 percent is privately owned. Under the Trump proposal, the city would acquire the private land through eminent domain and then convey it to Mr. Trump. The Trump organization and the city's Parks Board would enter into a long-term lease for the Pleasure Beach area. (New York Times, 6/3/94)

This is no recent GOPe attack on Trump. His history is well-documented. As with many other things, a lot of Trumpsters are projecting their own ideas onto Trump and don't seem to care (or want to ask) what his real record and positions are.

A march of low-info Republicanish voters.

So I'll thank you not to lie about me lying about Trump, hypocrite.

Worship your false gods if you must but don't expect me to join you.

Tooconservative  posted on  2015-08-11   10:25:58 ET  Reply   Untrace   Trace   Private Reply  


#97. To: TooConservative (#93)

"I'm not lying. If anything, I'm understating what Trump said and did on eminent domain."

You said Trump used the Kelo decision to evict some old lady in 1997.

First of all, Kelo was decided in 2005. Second, Vera Coking was never evicted. She voluntarily moved to a retirement home in 2010 and sold her house last year for $530,000 -- 1/4 of what Trump offered 8 years earlier.

misterwhite  posted on  2015-08-11   11:44:34 ET  Reply   Untrace   Trace   Private Reply  


#101. To: misterwhite (#97)

You said Trump used the Kelo decision to evict some old lady in 1997.

He certainly tried.

...Vera Coking was never evicted. She voluntarily moved to a retirement home in 2010 and sold her house last year for $530,000 -- 1/4 of what Trump offered 8 years earlier.

Her later history is irrelevant.

Trump was exactly the kind of developer who was trying, in various locales, to cause the Kelo decision or to bring about the same results with his lawyers under state laws.

Why do you keep trying to deny or obfuscate the facts, which are quite well-known? You're not fooling anyone or distracting them.

Tooconservative  posted on  2015-08-11   12:20:18 ET  Reply   Untrace   Trace   Private Reply  


#110. To: TooConservative (#101)

"He certainly tried."

Kelo was not passed until 8 years later. What do you mean he tried to use Kelo?

"Her later history is irrelevant."

No it isn't. You said Trump used Kelo to evict some old lady. So her later history -- that she was NOT evicted but voluntarily moved -- IS relevant.

"Trump was exactly the kind of developer who was trying, in various locales, to cause the Kelo decision or to bring about the same results with his lawyers under state laws."

Had Kelo been in effect she would have received $251,000 from the city of Atlantic City. As it was, she turned down a $1.9 million offer for her house from Trump as well as a room for life at any of his properties. I'd call that generous, wouldn't you?

misterwhite  posted on  2015-08-11   12:40:37 ET  Reply   Untrace   Trace   Private Reply  


#114. To: misterwhite (#110)

Kelo was not passed until 8 years later. What do you mean he tried to use Kelo?

He tried to use eminent domain exactly as Kelo did.

The Kelo case originated in 2000 or 2001. The Connecticut supreme court heard the appeals in 2002. It took until 2005 for Kelo to be decided by the Court.

Trump and other developers had pushed to use eminent domain as Kelo later allowed in the late Nineties.

If you want to continue bandying words, go ahead. Trump's record speaks for itself. He thinks he and some economic development council can evict anyone if they think they can make more money off any property than its current owners.

That is not and cannot ever be a conservative position. Which is why Kelo still matters politically. And why you are trying to obfuscate Trump's clear history of abusing eminent domain laws to seize the properties of small property owners, snowing them under in legal bills in the meantime.

Tooconservative  posted on  2015-08-11   12:46:40 ET  Reply   Untrace   Trace   Private Reply  


#133. To: TooConservative, misterwhite, A K A Stone (#114)

He tried to use eminent domain exactly as Kelo did.

Trump was trying to use eminent domain under existing law.

Kelo affirmed Berman (1954) and Midkiff (1984).

https://supreme.justia.com/cases/federal/us/545/469/

Kelo v. New London, 545 U.S. 469 (2005)

SYLLABUS
OCTOBER TERM, 2004
KELO V. NEW LONDON

SUPREME COURT OF THE UNITED STATES

KELO et al. v. CITY OF NEW LONDON et al.

certiorari to the supreme court of connecticut

No. 04–108.Argued February 22, 2005—Decided June 23, 2005

After approving an integrated development plan designed to revitalize its ailing economy, respondent city, through its development agent, purchased most of the property earmarked for the project from willing sellers, but initiated condemnation proceedings when petitioners, the owners of the rest of the property, refused to sell. Petitioners brought this state-court action claiming, inter alia, that the taking of their properties would violate the “public use” restriction in the Fifth Amendment’s Takings Clause. The trial court granted a permanent restraining order prohibiting the taking of the some of the properties, but denying relief as to others. Relying on cases such as Hawaii Housing Authority v. Midkiff, 467 U. S. 229, and Berman v. Parker, 348 U. S. 26, the Connecticut Supreme Court affirmed in part and reversed in part, upholding all of the proposed takings.

Held: The city’s proposed disposition of petitioners’ property qualifies as a “public use” within the meaning of the Takings Clause. Pp. 6–20.

(a) Though the city could not take petitioners’ land simply to confer a private benefit on a particular private party, see, e.g., Midkiff, 467 U. S., at 245, the takings at issue here would be executed pursuant to a carefully considered development plan, which was not adopted “to benefit a particular class of identifiable individuals,” ibid. Moreover, while the city is not planning to open the condemned land—at least not in its entirety—to use by the general public, this “Court long ago rejected any literal requirement that condemned property be put into use for the … public.” Id., at 244. Rather, it has embraced the broader and more natural interpretation of public use as “public purpose.” See, e.g., Fallbrook Irrigation Dist. v. Bradley, 164 U. S. 112, 158–164. Without exception, the Court has defined that concept broadly, reflecting its longstanding policy of deference to legislative judgments as to what public needs justify the use of the takings power. Berman, 348 U. S. 26; Midkiff, 467 U. S. 229; Ruckelshaus v. Monsanto Co., 467 U. S. 986. Pp. 6–13.

(b) The city’s determination that the area at issue was sufficiently distressed to justify a program of economic rejuvenation is entitled to deference. The city has carefully formulated a development plan that it believes will provide appreciable benefits to the community, including, but not limited to, new jobs and increased tax revenue. As with other exercises in urban planning and development, the city is trying to coordinate a variety of commercial, residential, and recreational land uses, with the hope that they will form a whole greater than the sum of its parts. To effectuate this plan, the city has invoked a state statute that specifically authorizes the use of eminent domain to promote economic development. Given the plan’s comprehensive character, the thorough deliberation that preceded its adoption, and the limited scope of this Court’s review in such cases, it is appropriate here, as it was in Berman, to resolve the challenges of the individual owners, not on a piecemeal basis, but rather in light of the entire plan. Because that plan unquestionably serves a public purpose, the takings challenged here satisfy the Fifth Amendment. P. 13.

(c) Petitioners’ proposal that the Court adopt a new bright-line rule that economic development does not qualify as a public use is supported by neither precedent nor logic. Promoting economic development is a traditional and long accepted governmental function, and there is no principled way of distinguishing it from the other public purposes the Court has recognized. See, e.g., Berman, 348 U. S., at 24. Also rejected is petitioners’ argument that for takings of this kind the Court should require a “reasonable certainty” that the expected public benefits will actually accrue. Such a rule would represent an even greater departure from the Court’s precedent. E.g., Midkiff, 467 U. S., at 242. The disadvantages of a heightened form of review are especially pronounced in this type of case, where orderly implementation of a comprehensive plan requires all interested parties’ legal rights to be established before new construction can commence. The Court declines to second-guess the wisdom of the means the city has selected to effectuate its plan. Berman, 348 U. S., at 26. Pp. 13–20.268 Conn. 1, 843 A. 2d 500, affirmed.

https://supreme.justia.com/cases/federal/us/348/26/case.html

U.S. Supreme Court

Berman v. Parker, 348 U.S. 26 (1954)

Berman v. Parker

No. 22

Argued October 19, 1954

Decided November 22, 1954

348 U.S. 26

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

Syllabus

The District of Columbia Redevelopment Act of 1945 is constitutional, as applied to the taking of appellants' building and land (used solely for commercial purposes) under the power of eminent domain pursuant to a comprehensive plan prepared by an administrative agency for the redevelopment of a large area of the District of Columbia so as to eliminate and prevent slum and substandard housing conditions -- even though such property may later be sold or leased to other private interests subject to conditions designed to accomplish these purposes. Pp. 348 U. S. 28-36.

[...]

https://supreme.justia.com/cases/federal/us/467/229/case.html

U.S. Supreme Court

Hawaii Housing Auth. v. Midkiff, 467 U.S. 229 (1984)

Hawaii Housing Authority v. Midkiff

No. 83-141

Argued March 26, 1984

Decided May 30, 1984*

467 U.S. 229

APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Syllabus

To reduce the perceived social and economic evils of a land oligopoly traceable to the early high chiefs of the Hawaiian Islands, the Hawaii Legislature enacted the Land Reform Act of 1967 (Act), which created a land condemnation scheme whereby title in real property is taken from lessors and transferred to lessees in order to reduce the concentration of land ownership. Under the Act, lessees living on single-family residential lots within tracts at least five acres in size are entitled to ask appellant Hawaii Housing Authority (HHA) to condemn the property on which they live. When appropriate applications by lessees are filed, the Act authorizes HHA to hold a public hearing to determine whether the State's acquisition of the tract will "effectuate the public purposes" of the Act. If HHA determines that these public purposes will be served, it is authorized to designate some or all of the lots in the tract for acquisition. It then acquires, at prices set by a condemnation trial or by negotiation between lessors and lessees, the former fee owners' "right, title, and interest" in the land, and may then sell the land titles to the applicant lessees. After HHA had held a public hearing on the proposed acquisition of appellees' lands and had found that such acquisition would effectuate the Act's public purposes, it directed appellees to negotiate with certain lessees concerning the sale of the designated properties. When these negotiations failed, HHA ordered appellees to submit to compulsory arbitration as provided by the Act. Rather than comply with this order, appellees filed suit in Federal District Court, asking that the Act be declared unconstitutional and that its enforcement be enjoined. The court temporarily restrained the State from proceeding against appellees' estates, but subsequently, while holding the compulsory arbitration and compensation formulae provisions of the Act unconstitutional, refused to issue a preliminary injunction and ultimately granted partial summary judgment to HHA and private appellants who had intervened, holding

Page 467 U. S. 230

the remainder of the Act constitutional under the Public Use Clause of the Fifth Amendment, made applicable to the States under the Fourteenth Amendment. After deciding that the District Court had properly not abstained from exercising its jurisdiction, the Court of Appeals reversed, holding that the Act violates the "public use" requirement of the Fifth Amendment.

Held:

1. The District Court was not required to abstain from exercising its jurisdiction. Pp. 467 U. S. 236-239.

(a) Abstention under Railroad Comm'n v. Pullman Co., 312 U. S. 496, is unnecessary. Pullman abstention is limited to uncertain questions of state law, and here there is no uncertain question of state law, since the Act unambiguously provides that the power to condemn is "for a public use and purpose." Thus, the question, uncomplicated by ambiguous language, is whether the Act, on its face, is unconstitutional. Pp. 467 U. S. 236-237.

(b) Nor is abstention required under Younger v. Harris, 401 U. S. 37. Younger abstention is required only when state court proceedings are initiated before any proceedings of substance on the merits have occurred in federal court. Here, state judicial proceedings had not been initiated at the time proceedings of substance took place in the District Court, the District Court having issued a preliminary injunction before HHA filed its first state eminent domain suit in state court. And the fact that HHA's administrative proceedings occurred before the federal suit was filed did not require abstention, since the Act clearly states that those proceedings are not part of, or are not themselves, a judicial proceeding. Pp. 467 U. S. 237-239.

2. The Act does not violate the "public use" requirement of the Fifth Amendment. Pp. 467 U. S. 239-244.

(a) That requirement is coterminous with the scope of a sovereign's police powers. This Court will not substitute its judgment for a legislature's judgment as to what constitutes "public use" unless the use is palpably without reasonable foundation. Where the exercise of the eminent domain power is rationally related to a conceivable public purpose, a compensated taking is not prohibited by the Public Use Clause. Here, regulating oligopoly and the evils associated with it is a classic exercise of a State's police powers, and redistribution of fees simple to reduce such evils is a rational exercise of the eminent domain power. Pp. 467 U. S. 239-243.

(b) The mere fact that property taken outright by eminent domain is transferred in the first instance to private beneficiaries does not condemn that taking as having only a private purpose. Government does not itself have to use property to legitimate the taking; it is only the taking's purpose, and not its mechanics, that must pass scrutiny under

Page 467 U. S. 231

the Public Use Clause. And the fact that a state legislature, and not Congress, made the public use determination does not mean that judicial deference is less appropriate. Pp. 467 U. S. 243-244.

702 F.2d 788, reversed and remanded.

nolu chan  posted on  2015-08-11   14:53:57 ET  Reply   Untrace   Trace   Private Reply  


#134. To: nolu chan (#133)

Regardless, Trump did not prevail in his attempt to use eminent domain to seize an old widow's property.

Tooconservative  posted on  2015-08-11   14:58:46 ET  Reply   Untrace   Trace   Private Reply  


#135. To: TooConservative (#134)

"Trump did not prevail in his attempt to use eminent domain to seize an old widow's property."

And who wants a loser as President?

I want someone who was successful at seizing an old widow's property and evicting her.

U S A! U S A!

misterwhite  posted on  2015-08-11   15:11:06 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 135.

#136. To: misterwhite (#135)

I want someone who was successful at seizing an old widow's property and evicting her.

U S A! U S A!

I have no objections if you fly your true colors.

Goes nicely with your every-cop-shooting-is-a-good-shooting posts.

Tooconservative  posted on  2015-08-11 15:13:29 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 135.

TopPage UpFull ThreadPage DownBottom/Latest

[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Please report web page problems, questions and comments to webmaster@libertysflame.com