Tennessee Whisk-y: Chief Justice Clarence Thomas and The Old 'Kelo'-Land Grab Strikes Again

Big Government Santa's Takings Clause

Greatness seeking Greatness, Deep seeking Deep

Officials Move to Seize Land from American Farmers to Advance Green Agenda - Slay News

"Tennessee government officials have moved to seize land from American farmers in an effort to meet the goals of Democrat President Joe Biden’s green agenda.

The state is suing to confiscate farmland just west of Memphis that will be repurposed to build a new multi-billion dollar electric vehicle (EV) plant. Ford Motor Company has announced plans to build a $5.6 billion electric truck and battery plant to be built in the rural area of Tennessee.

Officials in Tennessee are so eager to bend over backward to comply with the green agenda that the state is prepared to seize land from black farmers in order to facilitate Ford’s EV project. Here’s a bit of the legislative contortions that led to the decision to build “Blue Oval City” in the Volunteer State, as reported by Reason:

In return for picking Tennessee, state lawmakers overwhelmingly approved legislation that would grant Ford $884 million in state incentives.

That includes a $500 million grant from the state’s current budget surplus and $384 million for site preparation, including $200 million for road improvements and $138.2 million for infrastructure and demolition services.

The bill also apportioned $745,100 to fund the Megasite Authority of West Tennessee, an 11-person board with the power to execute contracts on behalf of the development.

It can also take privately-owned land, via eminent domain, in order to facilitate construction of the facility and supporting infrastructure.

Eminent domain could not be more antithetical to the American concept of the primacy of private property.

Eminent domain refers to the authority claimed by the government and its agents to seize private property for public use. The land can be taken against the will of the landowner provided the owner receives “just compensation” for his property.

Supporters of this scheme point to the Fifth Amendment as the authority. The relevant part of the Fifth Amendment reads:

["...N]or shall private property be taken for public use, without just compensation." .......

The government is suing private property owners and asking the judiciary to collude with them. The move seeks to deny to the landowners the most basic benefit of government: the protection of the right of private property.

One of the landowners being targeted by the state government is Marvin Sanderlin, a longtime local farmer with 400 acres. According to court documents, the state is planning to seize 10 acres of his land.

Tennessee officials are determined to keep their $884 million promise to Ford and comply with Biden’s green agenda. To meet these goals, however, will mean destroying the very thing the government was instituted by people to protect: the right to property.".......

In the 'Kelo' Decision, the Supreme Court gutted the Takings Clause. It had always been held that 'public use' meant highways, infrastructure, parks, libraries or government buildings--not the seizure and transfer of private property from one private owner to another government-preferred private owner.

Justice Thomas:

“Long ago, William Blackstone wrote that “the law of the land…postpones even public necessity to the sacred and inviolable rights of private property.” The Framers embodied that principle in the Constitution, allowing the government to take property not for “public necessity,” but instead for “public use”.

Defying this understanding, the Court replaces the Public Use Clause with a ‘Public Purpose’ Clause (or perhaps the “Diverse and Always Evolving Needs of Society” Clause), a restriction that is satisfied, the Court instructs, so long as the purpose is “legitimate” and the means “not irrational”. This deferential shift in phraseology enables the Court to hold, against all common sense, that a costly urban-renewal project whose stated purpose is a vague promise of new jobs and increased tax revenue, but which is also suspiciously agreeable to the Pfizer Corporation, is for a “public use”. I cannot agree.

If such “economic development” takings are for a “public use”, any taking is, and the Court has erased the Public Use Clause from our Constitution. 

I do not believe that this Court can eliminate liberties expressly enumerated in the Constitution and therefore join her dissenting opinion. Regrettably, however, the Court’s error runs deeper than this. Today’s decision is simply the latest in a string of our cases construing the Public Use Clause to be a virtual nullity, without the slightest nod to its original meaning. This would contradict a bedrock principle well established by the time of the founding: that all takings required the payment of compensation.

The most natural reading of the Clause is that it allows the government to take property only if the government owns, or the public has a legal right to use the property, as opposed to taking it for any public purpose or necessity whatsoever. The Public Use Clause, in short, embodied the Framers’ understanding that property is a natural, fundamental right, prohibiting the government from “taking property from A and giving it to B.”

Something has gone seriously awry with this Court’s interpretation of the Constitution. Though citizens are safe from the government in their homes, the homes themselves are not. Obliterating a provision of the Constitution, of course, guarantees that it will not be misapplied.

The conflict of principle raised by this boundless use of the eminent domain power should be resolved in petitioners’ favor. I would reverse the judgment of the Connecticut Supreme Court.”.......

(see also: Rest in the Vine: Justice Clarence Thomas: A Constitutional Giant in the Land of Lilliput
Rest in the Vine: Pfizer, Pfelonies and #PfakeLaw: "My 'Kelo' Dissent" by Justice Clarence Thomas)

In 'Kelo', Connecticut confiscated and tore down Susan Kelo’s house, but Pfizer never came through with the re-development they promised. Thus private property was razed and the Constitution was raped–for nothing. 

And now Tennessee wants to hand Marvin Sanderlin's farmland over to Ford Motor Company so it can build glorified golf carts using Chinee battery technology, thus helping the Obiden Junta shoehorn Americans into these clown cars for their ChiCom owners. 

BTW, they're also preventing the power plants needed to power the golf carts. And the Feds will control the ignition switch--just in case you've had too much to think. It's no accident that the satanic Occupation Government has recently whipped up a Smear Campaign on him, either.

The Court illegally amended the Constitution to say "Public Purpose" instead of "Public Use". Well, guess what? A Public Purpose can be the Prevention of Bad Hair Days. Or 'Gender Equity'. Or 'Environmental Justice'. PUBLIC PURPOSE CAN BE ANY DAMN THING THE GOVERNMENT WANTS. IT IS A TOTALITARIAN BLANK CHECK WRITTEN ON SOMEONE ELSE'S ACCOUNT.

Which is why the Framers wrote--and the People ratified--"Public USE".

"Kelo" must go and the Rule of Law must return.

We look forward to the day when Chief Justice Thomas and his Court return to Justice and the Actual Constitution under God, Amen!

Jeremiah 9:22-24

Here is what Adonai says:

“The wise man should not boast of his wisdom,
the powerful should not boast of his power,
the wealthy should not boast of his wealth;
instead, let the boaster boast about this:
that he understands and knows me —
that I am Adonai, practicing grace,
justice and righteousness in the land;
for in these things I take pleasure,” says Adonai.

Thank You, Lord Jesus, Amen and Amen!