Author Archives: eehines

An Opportunity to Reverse Kelo

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Kelo v City of New London was a 2005 case involving our Constitution’s 5th Amendment Takings Clause: a homeowner who didn’t want to sell her home in New London, CT, to a property developer who said he needed the property to finish out the development of shopping mall. New London agreed on the developer’s representation that his mall would produce more tax revenue for the city than the homeowner’s property tax remittances. In the resulting suit, the Supreme Court decided that government has the authority to commit such a Taking and redistribution for the public purpose of increasing government’s tax revenue.  The Court said that one man’s private purpose is superior to another’s so that other must surrender his property to the one.

What the Takings Clause actually says is

…nor shall private property be taken for public use, without just compensation.

For public use, not for public purpose, and certainly not for a private enterprise’s claimed public purpose.

Now a case is developing that should end in the Supreme Court and present the Court with an opportunity to reverse that shameful ruling.

A public school district in Texas is pursuing an eminent domain process to remove a 78-year-old man from the home that his family has owned for more than a century in order to build a high school football stadium parking lot.

The 78-yr-old homeowner’s daughter, Tara Upchurch:

I want you to understand what the significance of this place is for my father. It is where he played as a child with his grandparents, where he woke up 4 a.m. to milk cows, it’s where he spent 39 years happily married to my mom, and it’s where he raised a family, and it’s a place we never thought he would leave[.]

On the other hand,

Aldine ISD is planning to build a $50 million football field and parking lot on his property and is using eminent domain options after the Upchurch family rejected an initial offer to purchase the property last year, KPRC reported. Eminent domain allows the government to acquire private property for public use.

Aldine ISD wants it, and its desire is more important than a property owner’s…ownership. Well, then. That settles it. That’s what Kelo has wrought.

Private property ownership isn’t actually ownership: if another private entity wants it, all that one needs to do is to persuade a government or quasi-government that its desire is greater than the original owner’s ownership, and the owner must give it up.

This is the mess that Kelo caused, and this is the mess that the Supreme Court should get an opportunity to clean up, and it should clean it up.

Maybe, Instead…

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Montgomery County Public Schools, in Maryland, has decided it’s had enough of parent input regarding its program of “storybooks” with sex workers, kink, drag, gender transitions and same-sex romance for elementary-age children. The MCPS, in its magnanimity, had allowed parents to opt their children out of such things, but the parents, en masse, opted their children out.

MCPS responded by issuing a blanket policy of no exceptions and no notifications—no more opt out for all those uppity recalcitrant parents.

Never mind that

the storybooks…explicitly encourage[e] children to “question sexuality and gender identity, focus on romantic feelings, and embrace gender transitioning[.]
Pre-kindergarten students, for example, are required to read Pride Puppy, which “promotes pride parades as family-friendly events without cautioning about the frequent nudity and sexually explicit conduct….”

Maybe, instead, there should be a blanket removal of the program altogether. It’s time, also, for a blanket removal of the MCPS school board and its Superintendent and staff.

More Coverup

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Recall that President Joe Biden has had (and still has?) classified documents squirreled away in his garage at his house in Delaware, albeit protected by the presence of his Corvette. Recall, further, that Biden has had classified documents squirreled away in a variety of unsecure locations ever since he walked away with them when he was a Senator and had no legal ability to possess them anywhere. Among those unsecure locations is the library at the University of Delaware. And now,

Delaware’s highest court has blocked a request by conservative groups seeking to access President Joe Biden’s Senate papers at a state university.
The July 6 ruling by the Delaware Supreme Court upheld a lower court decision that sided with the University of Delaware in denying a request from Judicial Watch and another group seeking access to the records, which Biden gifted to the public university in 2012.

But,

The university says Biden donated the documents on the condition they not be released until they have been “properly processed and archived.”

But, but: that was 11 years ago. Why is the University so slow in the processing and archiving? Its slowness raises other questions in my pea brain:

What classified documents are among those documents?

What information regarding Tara Reade, who accused Biden of sexual assault in 2020, is among those documents?

What else is the university hiding for Biden’s sake?

CIOs, Affirmative Action, and Diversity

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Company CIOs, Chief Information Officer inhabitants of the C-Suites, claim to be worried about the impact of the Supreme Court’s recent ruling banning colleges’ and universities’ use of race as an admission criterion on their own access to a suitably “diversity”-laden work force.

By removing race from college admission considerations, the pool of tech talent entering the workforce may not only be less diverse, it could also be smaller if underrepresented minorities don’t see the field as a welcoming or viable option, those executives say.

No, rather than looking to plus up their virtue credentials, these executives should be more worried about (prospective) employees’ ability to do the job than about whether their departments have the “correct” balance of skin colors and sexes.

There is this from Juniper Networks‘ CIO:

“I worry about, in universities, if we’re not making it a more hospitable environment, that we make it harder than it is,” said Sharon Mandell…. That means companies and IT leaders need to work to convince diverse workers that technology is “a compelling place, and a welcome place for them.”

That hints at a good start (but only hints); however, by beginning at the college/university level, it renders itself too late to be an effective start. Of course, I’m also, probably naively, assuming a benign definition of “hospitable.”

Hence my question: if these CIOs and their companies are serious, and not just virtue-signaling, what are they doing to improve K-12 education and the resulting better preparation for all students? If all students get an equal opportunity at a quality education, the resulting population of job applicants—whatever the job—will pretty much automatically have a requisite diversity, artificial as that criterion is.

Unless, of course, these CIOs (they wouldn’t be alone in this regard) actually think some groups of humans are intrinsically inferior in ability to other groups of humans and so those lesser groups need special handling and protection.

A Good Move

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It needs a parallel move, as well. Sadly, both are pipe dreams in the current government.

Recall that President Joe Biden (D) has pushed, through the Federal Housing Finance Agency, his Loan-Level Price Adjustment rule which penalizes Americans with good credit scores by requiring mortgage lenders to charge them higher interest rates in order to lower the rates charged those mortgage borrowers who have poor credit scores.

Senator Roger Marshall (R, KS) and Senator Mike Braun (R, IN) have introduced the Middle Class Borrower Protection Act that would block Biden’s move.

This is a good initial move, but it wants a separate, parallel move: reduce the funding of the FHFA by the aggregated dollar amount of the loan rate increase that Americans with good credit scores would be forced to pay were the Biden Rule left intact. Leave that reduction in place, and freeze the FHFA’s remaining budget at its current level for a minimum of five years (to remove it from election cycles), with automatic extensions of the freeze until Congress is satisfied that no one in the agency is working on ways to get around the MCBPA’s bar.

Sadly, both are pipe dreams at present: there are too many Progressive-Democrats in the Senate for either legislation to pass.