Showing posts with label eminent domain. Show all posts
Showing posts with label eminent domain. Show all posts

Saturday, August 14, 2010

Obama's Endorsement Of The Ground Zero Mosque

Is this a surprise to anyone? If Obama has a choice between supporting America's best interests or those of an entity opposed to America's freedoms and values, Obama chooses the latter every time.

And so it was yesterday, when at a White House dinner to commemorate the start of the Muslim Holy month of Ramadan, Obama pleased Muslim Brotherhood folks and the CAIR types by announcing his support for a Muslim victory mosque next to Ground Zero. And he did so in what is now easily identifiable as his own unique rhetorical pattern – create a straw man that misstates his opponents arguments, assume the moral high ground, and then announce that he has identified the greater good. Oh, and of course, prevaricate where necessary and ignore all inconvenient facts.

Obama starts off by calling 9-11 “a deeply traumatic event for our country.” Bull. It was not a “traumatic event.” It was an act of war against America by a subset of Muslims acting to advance the cause of political Islam. It is a war that is ongoing. Perhaps Obama chose his words so carefully in order to avoid having to acknowledge that the spearhead of the Cordoba Project, Imam Rauf, blamed America for bringing this war and the 9-11 attacks upon itself.

Equally outrageously, Obama fails to note the significance of the name Cordoba and its ties to 9-11. Cordoba was the capital city of Andalusia - a portion of Spain once conquered by an Islamic army and ruled as a caliphate for several centuries. Obama ignores that one of the reasons given by al Qaeda to justify jihad and the attack on 9-11 was the reconquista - the reconquering of Andalusia by Spanish Christians. Indeed, the “Tragedy of Andalusia” was the first thing mentioned by Osama bin Laden in the videotape released by al Qaeda one month after 9-11.

Obama ignores the fact obvious to very many Americans - that this Ground Zero mosque is a "victory mosque" for political Islamists of all shades. If you do not understand the concept of a victory mosque, Raymond Ibrahim, writing at PJM, helpfully explains:

. . . throughout Islam’s history, whenever a region was conquered, one of the first signs of consolidation was/is the erection of a mosque atop the sacred sites of the vanquished: the pagan Ka‘ba temple in Arabia was converted into Islam’s holiest site, the mosque of Mecca; the al-Aqsa Mosque, Islam’s third holiest site, was built atop Solomon’s Temple in Jerusalem; the Umayyad Mosque was built atop the Church of St. John the Baptist; and the Hagia Sophia was converted into a mosque upon the conquest of Constantinople.

Any doubt that this is a "victory mosque" was dispelled when NY Gov. Patterson offered to find Imam Rauf suitable space elsewhere in New York City for his mosque, away from Ground Zero. Rauf refused.

Obama referred to Ground Zero as “hallowed ground,” then added a “but.” Setting himself apart from those concerned with protecting this “hallowed ground,” he assumed the moral high ground.

I believe that Muslims have the same right to practice their religion as everyone else in this country.”

That is a straw man of mammoth proportions. No one is suggesting that freedom of religion be curtailed for Muslims. Rather it is Obama's way of sidestepping the valid argument, that building a mosque overlooking Ground Zero would be, in the words of Charles Krauthammer, “sacrilege.” Indeed, building this mosque will do nothing at all to advance the cause of freedom of religion in America. To the contrary, it is, in the words of two Islamic authors, a "deliberate provocation" that will poison it as Americans push back against this obscenity.

Obama also makes the case for allowing the Ground Zero mosque to go forward on the basis of property rights – that Imam Rauf has every right to build a mosque on “private property in Lower Manhattan, in accordance with local laws and ordinances. This is America.” This is the strongest argument for allowing the Mosque to be built - though we in fact limit the right of owners of private property to build what they want all the time. Regardless, no one expects Obama to do anything more than use the bully pulpit in regard to this issue. But for him to use that bully pulpit to support the Ground Zero mosque is itself an obscenity.

I have to note as an aside that for Obama to make a private property argument is cynical beyond belief. Are we to believe that Obama is now the great defender of property rights? I am sure the senior creditors of GM and Chrysler who were demonized by Obama and strong-armed into giving up their property rights so that Obama could make a massive gift to the UAW will be pleased with his change of heart. Likewise, I am sure that all of the dealerships who lost their livelihood at Obama's direction will take similar comfort.

Back to Obama's justifications. Obama eventually got around in his speech to giving us the most dangerous lie of all.

Al Qaeda’s cause is not Islam -– it’s a gross distortion of Islam.

That is a treasonous lie. The members of al Qaeda and its supporters are true believers in all of the toxic dogma of Wahhabi / Salafi Islam emanating out of Saudi Arabia. It is a toxin infecting virtually all other forms of Islam today as it speeds around the world on the back of Saudi petro-dollars. (See here)

While Obama pretends otherwise, America and the entire West remain under attack not merely from al Qaeda, but from all of political Islam. Al Qaeda is merely a splinter off of the Muslim Brotherhood and its many associated organizations. All want to attack the West, displace Western freedoms and put in place Sharia law. The only issue dividing the organizations is tactical, not strategic. Bin Laden wants to use the sword, the Muslim Brotherhood wants to use the freedoms of the West and taqqiyah – in which they are aided by the Western secular left with whom they have made common cause. Certainly this victory mosque will be a grand monument to both. And indeed, it is being built while we are still in the middle of what promises to be a war that will last many decades into the future.

If nothing else, Obama has now nationalized the issue of the Ground Zero mosque. And to anyone that is paying any attention, it has made absolutely clear that this President is dangerously out of touch with reality when it comes to Islamic supremecists and political Islamists.

Some final thoughts - one, Islam poses such a unique problem for America because, as practiced by many throughout the world, Islam is less a religion and far more a triumphalist political ideology that promotes violence to impose its will. The two most aggressive manifestations of this are the theocracy in Iran and the Wahhabi based monarchy in Saudi Arabia. To the extent that Islam is practiced as a religion and concerns itself only with improving the lives and saving the souls of its practitioners, then it clearly should be accorded the status of religion and given all the Constitutional protections associated therewith. But going beyond that, into the realm of the political, wherein lies everyone and everything from al Qaeda to the Muslim Brotherhood to CAIR and the MAB, should we extend the protections of the 1st Amendment to it? Moreover, given the nature of this issue, should our government begin funding true Muslim reformers to advance their cause? Our First Amendment requires that the answer to that be no, but we are clearly in a position that the drafters of our First Amendment never contemplated.

And finally, there is a way for New Yorkers to take care of Imam Rauf and this mosque come next election. Toss Bloomberg out on his ear and only elect a mayor who will promise to use the power of eminent domain to take the property of this planned mosque and set that property to a public purpose. Indeed, making that an issue today may well limit the ability of Rauf to get funding for his planned obscenity.

Update: John at Powerline picks up on a point in Obama's speech that I missed - Obama's sophomoric multiculturalism:

This was the climax of Obama's lecture:

For in the end, we remain "one nation, under God, indivisible." And we can only achieve "liberty and justice for all" if we live by that one rule at the heart of every religion, including Islam-that we do unto others as we would have them do unto us.

This is revealing: the ultimate destination of multiculturalism is platitudinous stupidity. All religions, Obama tells us, are really the same, and can be summed up in the Golden Rule. Actually, there is no religion that can be reduced to the Golden Rule, least of all Islam. Islam does not enjoin believers to do unto infidels as you would have infidels do unto you. On the contrary! Islam tells its followers to subdue infidels; to kill them; to, at best, reduce them to dhimmitude. The Golden Rule is antithetical to Islam. Here is a thought experiment: compare HADITH Sahih Bukhari [4:52:176] with the parable of the good Samaritan.

Multiculturalism, in short, reduces its adherents (like President Obama) to a low intellectual plane. If you really think that all religions are the same, and they all exemplify the Golden Rule, then you won't understand the point of Cordoba House.


Update: A day later, and our Prevaricator in Chief is already backtracking on his endorsement of the Ground Zero Mosque. Obama is now claiming that, in his speech the other night, he didn't express support for the “wisdom” of building a mosque blocks from the 9/11 site, rather only the right of Imam Rauf to build there. That is a nuance you will not find in his speech. Here is Obama's speech in full. See for yourself.

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Saturday, September 6, 2008

A Mayoral Mess - The Land Under The Wasilla Sports Complex


Two of the Democratic talking points going around conern Gov. Sarah Palin's time as Mayor of Wasilla, Alaska. The first is that she raised taxes. Not quite true. There was a referendum on whether to increase the sales tax by .5%. The people of the city raised their own taxes by approving the increase in a democratic vote. The second talking point is that Mayor Palin came into office with the city having no long term debt, she left with the city owing $20 million. That number is overly high, but regardless, what the dems in their talking points don't do is explain the cause of the debt. It has nothing to do with Mayor Palin's incompetent handling of the local budget. The people agreed to the sales tax rise in order to fund a capital improvement - a $14+ million dollar sports complex for the residents to exercise during the long, cold Alaskan winters.

The talking points are bull - as to be expected really, given the Palin Derangement Syndrome (PDS) going around the left like it was the 1918 Spanish Flu. That said, the left is missing the one real issue in all this that has some bearing on Mayor Palin's fitness. It appears that Mayor Palin gave the go ahead to break ground on the sports complex before the City had clear title to the land on which it was to be built. I've been waiting to hear the whole story - whether she ignored the advice of her city attorney or whether the city attorney screwed this one. The WSJ weighs in with more information today.
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This from the WSJ:

The biggest project that Sarah Palin undertook as mayor of this small town was an indoor sports complex, where locals played hockey, soccer, and basketball, especially during the long, dark Alaskan winters.

The only catch was that the city began building roads and installing utilities for the project before it had unchallenged title to the land. The misstep led to years of litigation and at least $1.3 million in extra costs for a small municipality with a small budget. What was to be Ms. Palin's legacy has turned into a financial mess that continues to plague Wasilla.

. . . Litigation resulting from the dispute over Ms. Palin's sports-complex project is still in the courts, with the land's former owner seeking hundreds of thousands of additional dollars from the city.

Hockey is much loved in Wasilla, and Ms. Palin, whose son was a star player, wanted to build an indoor rink, with a track, basketball courts and soccer field. In the late 1990s, the city sought a 145-acre parcel owned by the Nature Conservancy, which wanted to sell the land to buy more environmentally sensitive property elsewhere. City officials negotiated a price of $126,000. Months passed without the city's securing a signed purchase agreement, according to the city's attorney, Tom Klinkner of Birch, Horton, Bittner & Cherot.

At the same time, Gary Lundgren, a Fairbanks real-estate investor, was in talks with the Nature Conservancy to buy a larger adjacent property. As discussions between the environmental group and the city dragged on, Mr. Lundgren said, he purchased the entire site for about $1 million.

The city sued Mr. Lundgren and the Nature Conservancy, arguing that Wasilla had had a deal. In 2001, a federal district court judge ruled in Wasilla's favor. Mr. Lundgren appealed, but the city believed it would prevail, according to Mr. Klinkner.

Ms. Palin marched ahead, making the public case for a sales-tax increase and $14.7 million bond issue to pay for the sports center, which was to feature a running track, basketball courts and a hockey rink. At the time, the city's annual budget was about $20 million. In a March 2002 referendum, residents approved the mayor's plan by a 20-vote margin, 306 to 286. The city cleared roads, installed utilities and made preparations to build.

Later that year, Ms. Palin's final one as mayor, the federal judge reversed his own decision and ruled that the property rightfully belonged to Mr. Lundgren. Wasilla had never signed the proper papers, the court ruled.

Mr. Lundgren said he had offered to give smaller parcels to the city free of charge, but the city held out for a larger tract. The former chief of the city finance department, Ted Leonard, says he doesn't recall such an offer.

After Ms. Palin left office, the city decided to take 80 acres of Mr. Lundgren's property through eminent domain. An Alaska court confirmed the city's right to do so and ordered that an arbitrator determine the appropriate price.

Last year, the arbitrator ordered the city to pay $836,378 for the 80-acre parcel, far more than the $126,000 Wasilla originally thought it would pay for a piece of land 65 acres larger. The arbitrator also determined that the city owed Mr. Lundgren $336,000 in interest. Wasilla's legal bill since the eminent domain action has come to roughly $250,000 so far, according to Mr. Klinkner, the city attorney.

Mr. Lundgren has appealed the decision, arguing that the arbitrator should have awarded him more interest. "It has been 10 years; it's just insane," said Mr. Lundgren, who now lives in Panama. "All [Ms. Palin] had to do was close the transaction."

The McCain-Palin campaign referred questions about the sports complex to Mr. Leonard, the former city finance chief. He blamed the Nature Conservancy for dealing with two different potential buyers at one time. "That's what caused the confusion," he said.

"At the time, with the information she had, [Ms. Palin] made the right decision," Mr. Leonard said. "But you know what? Litigation happens."

The sports facility is finished, set against forest and mountain ranges. Inside, locals kick soccer balls and skate laps on the rink. Last year, it hosted a statewide wrestling tournament.

"All I can say about the sports complex is that it was done on time and under budget," said Donald Moore, a Palin ally who managed the construction. "It was done legally, and for someone else to say it could have been done differently in a better way, that's strictly their opinion."

Ms. Palin cited her mayoral duties as partial evidence of her executive experience. Dianne Woodruff, a Wasilla city councilwoman and critic of Ms. Palin's performance, agreed.

"If people are going to be voting on her based on her experience as Wasilla's mayor, then they should know how she did in the job," Ms. Woodruff said, "the good, the bad and the ugly."

Read the entire article. Palin may well have to explain this one in more depth. It is not clear why the city did not resort to eminent domain in the first instance. That was a mistake compounded by the decision to break ground before title was quieted. Perhaps she can justify her decisions. Or perhaps she just owns the screw-ups and leaves it for us to decide their importance. It seems worthy of note, but hardly an indicator of unfitness.


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Saturday, November 17, 2007

The Living Constitution, Private Property Rights and Eminent Domain


The Fifth Amendment to the Constitution provides in relevant part that "private property" shall not "be taken for public use, without just compensation." This clause functioned for two hundred plus years to protect private property rights in America. It provided a bright line limitation on the Government's ability to use its police power to take the private property. The Government could use the legal process of eminent domain to take private property if it was then going to put it to a "public use." A public use is something that would involve use of the property by an arm of government, such as a military installation, or a use that would open up the property to the public at large, such as a road or a park.

That all changed when the Supreme Court decided Kelo v. New London. The liberal wing of the Court prevailed and, in substance, rewrote the Fifth Amendment to the Constitution. No longer is government limited to taking private property only if it is going to put the property to a public use. It is now sufficient that the Government show that the private property will be used for a public "purpose," such as increasing the tax revenues of the government. Thus a government can now take your private property and transfer to another private property to be commercially developed so long as the Government claims that the public - i.e., the government itself - will somehow gain.

The effect of this change to the plain language of the Constitution are now just being felt. Drew Carey hosts a very good webcast showing how this decision is effecting the poor and the working class. You can see it here. And indeed, what you see in the Carey webcast is anything but an isolated instance.

There are, for all practical purposes, two approaches to constitutional interpretation, both of which were clearly evident in the Kelo deicision. The first of these is the approach of the "originalists," such as Justices Scalia and Thomas. Origninalists believe that the Constitution is a fixed instrument and that it is the duty of the courts to interpret the Constitution as and to the extent they can discern what the original drafters intended. This limits the discretion of the Court. For example, originalists do not see abortion as a constitutional right. It appears nowhere in the Constitution and its an activity wholly local in nature. Orignalist thus view abortion as beyond the power of the federal government to regulate.

At the opposite end are proponents of the "Living Constitution," such as Justices Breyer and Ginsburg. They do not feel constrained by original intent and are willing to look outside of the Constitution, to foreign law or current social mores in order to interpret the Constitution. To them, the Constitution should be given a meaning that they perceive as appropriate in the modern day - in essence, imposing their own personal belief system on America as a matter of constitutional law. For a good look at this issue, see Justice Scalia's speech on the living constitution in 2005, and here is a transcript of the debate between Justices Scalia and Breyer on the issue of using foreign law to determine the meaning of the U.S. Constitution.

Looking outside the four corners of the written Constitution and the intent of the drafters makes of the Supreme Court a supra-legislature, taking over the position of Congress and the executive to create laws rather then to interpret them in light of the Constitution. That is not the function for which the Supreme Court is designed. Besides not being assigned any legislative role in the Constitution, the Supreme Court does not have the ability of Congress to hold hearings or subpoena witness - in essence, to make findings of fact beyond whatever record lies before it. Nor does allowing the Court such leeway comport with the concept of democracy. The Supreme Court justices are not subject to the will of the people, being an unelected body with tenure for life. And Drew Carey shows us just how much of a Pandora's box the Living Constitution is.

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