Possibly anticipating the nation’s outrage over Kelo, Justice John Paul Stevens, writing in his Kelo opinon, said, “… nothing in our opinion precludes any state from placing further restrictions on its exercise of the takings power.” In the aftermath of Kelo, according to Property Fairness, 27 states, including Tennessee, took Justice Stevens’ encouragement and attempted to do exactly that in 2006.

The problem, of course, is not in the attempt but in the accomplishment. The Tennessee Bar Association published an excellent analysis of Tennessee’s new law. The short version is that, in Tennessee, little was accomplished beyond political posturing. It is Tennessee’s 2006 failure to further restrict its takings power which leads directly to MDHA’s 2008 actions against Joy Ford. Speaking of the effectiveness of Tennessee’s legislation, Drew Johnson, President of The Tennessee Center for Policy Research noted,

“Tennessee’s new eminent domain law is a joke—and the joke is on property owners across the state,” … Tennesseans aren’t any more secure from having their property taken than before the law was passed.”

In particular, Johnson says that the law’s failure to more clearly define blight and its outright encouragement of eminent domain use to acquire land for industrial parks makes it particularly threatening to property owners.

Three months earlier, State Rep. Susan Lynn (TN-57), offered this evaluation of the law,

… after being worked through committee, this bill essentially guarantees very little protection for Tennesseans when it comes to eminent domain. To quote Sandra Day O’Connor in her dissent of the Kelo decision, the “specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.”

The bill states that ‘public use’ shall not include either private use or direct public benefits deriving from private economic development or private commercial enterprise, including the benefit of increased tax revenue and increased employment opportunities - except in the case where eminent domain is used for; roads, public utilities, private utilities, housing authorities, community development agencies for urban renewal or redevelopment plans; or for industrial parks. Looking at that list, I really can’t think of any exception for private economic development by eminent domain that the bill leaves out.

These 2006 comments by Lynn and Johnson are prescient. Joy Ford’s property is being seized because it is deemed “blighted”. Drew Johnson noted the law’s poor definition of blight. According to Ms. Ford, her property is ruled “blighted” because, among other things, it is surrounded by a chain link, barbed-wire topped security fence and is the only building left on the development property. Yet someone, perhaps the developer, has erected a shabbier looking fence around the development site. It goes unreported that both a hotel and Ford’s building abut the same parking lot. I assume the hotel property is not part of the development and so escapes urban “blight” despite also standing alone. Either that or Ford’s building is not the only one left on the property. Further, the reason Ford’s building is the only one left is the Shoney’s and other buildings standing on the site were demolished in anticipation of the development.

I’m trying to determine if these truly are factors in the classification of the Ford’s property as “blighted”. If so, how unfair. MDHA and LionStone Group want to buy her property but Ford won’t sell. They move ahead with development plans and clear the land. This has, for them, the pleasant side effect of creating the situation needed to force Ford from her property. Had LionStone and MDHA been required to wait until the property was free and clear before proceeding, a major element of the case against Ms. Ford, that of her “blighted” property, would not exist. How does creating “blight” for personal gain become working for the good of the public?

However, it is Rep. Lynn’s comments which make me wonder if government has not stacked the deck against the citizens they are to represent. A quick read of the bill would lead one to believe Tennessee was seeking to protect Tennesseans from the exact abuse Connecticut forced on her citizens. As Rep. Lynn observes, the bill starts well, noting “‘public use’ shall not include either private use or direct public benefits deriving from private economic development or private commercial enterprise, including the benefit of increased tax revenue and increased employment opportunities …” Unfortunately, the Tennessee Legislature left a loophole in the law. While making an acceptable exemption for traditional uses of Eminent Domain such as “… roads, public utilities, private utilities …” the bill then opens the door to all manner of Eminent Domain abuse by also exempting cases “… where eminent domain is used for; … housing authorities, community development agencies for urban renewal or redevelopment plans; or for industrial parks.”

The very issue which enraged the public in the Kelo decision, taking private property for private economic development to increase the city’s tax revenue, is not forbidden to government. In fact, the mechanism for government to do precisely that is written into the law. Government is forbidden from directly taking your property to develop to improve tax revenues. But agencies created by government whose purpose is development can do so. How did such disregard for citizen’s rights become law and an example of preserving the rights of citizens?

I’d like an answer to that from the Legislature. I’m sure Ms. Ford would, too. But for her, time is running out. The Legislature ran out of town at the end of the session. Too bad MDHA is still here and they’ve given Ford until just the middle of September to vacate the premises. After that, the wrecking balls start swinging. That’s long before the politicians responsible for this mess swing back through town. Stay tuned for more on this here …

Blue Collar Muse

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Last year on the 4th, 588 American service members re-enlisted in Baghdad. This year, in the largest re-enlistment ceremony in the history of the US military, 1,215 soldiers, sailors, airmen and Marines extended their military service. Both Gateway Pundit and Steve Foley have noted in their posts referenced above that the Left will be beside themselves in trying to explain this. I assumed they would be but didn’t think we’d have any evidence. I was wrong. Check out the comments for the video at YouTube. And those addle headed folks dare to talk about Domestic Enemies …

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Dear Walter: I hope you can help me here. The other day, I set off for work leaving my husband in the house watching the TV as usual. I hadn’t gone more than a mile down the road when my engine conked out and the car shuddered to a halt. I walked back home to get my husband’s help. When I got home I couldn’t believe my eyes. He was in our bedroom with the neighbor lady. I am 32, my husband is 34, and we have been married for twelve years.

When I confronted him, he broke down and admitted that they had been having an affair for the past six months. I told him to stop or I would leave him. He was let go from his job six months ago and he says he has been feeling increasingly depressed and worthless. I love him very much, but ever since I gave him the ultimatum he has become increasingly distant. He won’t go to counseling and I’m afraid I can’t get through to him anymore.

Can you please help?

Sincerely, Sheila

Dear Sheila: A car stalling after being driven a short distance can be caused by a variety of faults with the engine. Start by checking that there is no debris in the fuel line. If it is clear, check the vacuum pipes and hoses on the intake manifold and also check all grounding wires. If none of these approaches solves the problem, it could be that the fuel pump itself is faulty, causing low delivery pressure to the carburetor float chamber.

I hope this helps

-Walter

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Thursday night as I sat in the midst of a crowd enjoying the fireworks, I had the most unusual thought. I had it again on Friday evening. Both times I shook myself; mentally berating myself for thinking so poorly of Democrats and other Leftists. Not even they would be so callous and cynical. Well, not the rank and file, anyway. The professionals are a different story altogether.

What was my thought? Nothing particularly outrageous. I simply wondered to myself if Democrats and Leftists could truly enjoy such a celebration when the connection between the pretty lights and “ka-BOOMs” from the sky and “the rockets red glare, the bombs bursting in air” and the whole “O say does that star spangled banner yet wave” thing is pretty easy to make.

Making war in a just cause? Americans under siege and attack by a determined and dedicated enemy? American resistance, American response, American resolve and American Revolution? These don’t seem to be the sort of ideas and values one hears from the Left on anything approaching a regular basis. Quite the opposite, in fact. How could they attend something like America’s Birthday Party and not feel out of place?

The crowds around me were large enough it seemed impossible they did not include at least a few Leftists. I wondered why they were there. My family and I talk fairly regularly about our country, where it’s headed and what that means for us today and for them tomorrow. They know why we celebrate the 4th. Is it possible the Leftists among us feel the same? Or is it likely they are simply present for the fun? Could it just be all about hot dogs, fireworks and a day off work?

As I mentioned, I tried to stifle the thought as being unkind. It’s the 4th of July! Even the bad guys have to lighten up a little sometime. I hate it when I’m wrong. Even more when it turns out to be worse than I imagined. You’d think that at least on the 4th the Left could simply enjoy the day, the history and the company of their countrymen. You’d be wrong.

Basking in the memories of wonderful Independence Day celebrations, I surfed over to ‘The Next Right’ this morning and found this post: ‘Patriotism for (Democratic) Dummies’.

I know Danny Glover, the guy who wrote the post. I don’t know him well but he doesn’t strike me as a drooling, rabid, anti-Democrat ranting, Right Winger (OK, maybe I spend too much time with those guys to be objective but you get my point). While passionate, Danny’s a soft spoken, reasoned and very reasonable guy! What could have prompted such a post?

When I read it, I understood. Suddenly my granting the Left a pass on Independence Day seemed a bit hasty. Danny pointed me to a diary over at MyDD giving advice to those wanting to turn Independence Day into a day all about themselves and not our country. It’s great for the Democratic Party to have a float in a parade or a booth in the sponsor area. But this guy went way beyond that. He was all about making a unifying day a divisive day; making a day of celebration a day of condemnation; making a day of patriotism a day of protest.

When they behave like this, it gets harder and harder to see them as reasonable people. Each time I try to give them the gift of the benefit of the doubt, they hand it back unopened. They can’t even attend a birthday party without an agenda.

Blue Collar Muse

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We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.

It is here, a 30 second read into the birth of our nation, we find the most important right which government is to secure, the Pursuit of Happiness.

The Declaration establishes three foundational rights. The Constitution generally amplifies them, outlining ways government may not prevent us from exercising them. Our Right to Life is partially expressed in our Right to Keep and Bear Arms to defend that Life if threatened. Our Right to Liberty is partially expressed in our Right to Due Process to ensure any restraint on that Liberty is just.

One Right listed in the Declaration is different. It has no amplification in the Bill of Rights. The least discussed, it is the most important - the Pursuit of Happiness.

The Pursuit of Happiness is different in that it guarantees nothing. Other Rights we enjoy enumerate a concrete something. We have Freedom of Speech. Speech is a “something” that is mine. Just so with Life, Liberty, to Bear Arms, the Press - at the end of each we find something tangible. Not so with the Pursuit of Happiness.

Pursuing Happiness is the only Right which does not define an outcome. We are not guaranteed Happiness, just the Pursuit of it. We are not assured the road will not be difficult or poorly maintained, merely that it is there to be traveled. Because of this, the Pursuit of Happiness is our most precious Right. Because phrased another way, it guarantees our Right to Fail.

Happiness is different for every man. Our dreams are as individual as we are. It would have been folly to try to define Happiness; folly to determine the best path to Pursue it. Pursuits may be long or short; easy or difficult; straightforward or complicated. While I am grateful for the straightforward, short and easy ones, it is the value in the complicated, long and difficult ones which the Declaration anticipated. Because the Pursuits teaching us the most, both building and revealing character; producing the most opportunity for us, are the difficult ones or the ones we fail to complete at all.

Thomas Edison tried over 4,000 different prototypes of the light bulb before realizing his goal. He is reported to have said, “I have not failed 4,000 times. I have discovered 4,000 ways not to create an incandescent light bulb!” Undaunted by failing in his Pursuit, Edison learned from each. It was because of, not in spite of, his failures, that he succeeded. Even the simplest Pursuits face obstacles. A man’s response to them determines not just his success in Pursuit of that specific Happiness. It determines his success for all future Pursuits as well.

Do we persist in adversity? Do we work as hard in anonymity as we do in the limelight? Do we collaborate or insist on solo Pursuits? There are a myriad lessons to be learned. Most of them are only learned through failure. As it is said, “Most good judgement comes from experience! Most experience comes from bad judgement!”

It is here where a man’s success or failure in his various Pursuits is determined. Because along with recognizing man’s Rights, the Declaration notes men institute government to secure them and that government does so only with the consent of the governed. It thus becomes vital for the governed to so value the Right to Fail they refuse to consent to any plan by government to take it from them. They must consent to striving in an environment, secured by government, in which failure is a valued result.

If We The People consent to government which takes away our Right to Fail, we consent to government which will take away our other Rights as well. Securing a government with power to eradicate our individual Pursuits, we secure a government with power to define our individual Happiness. When Happiness is defined for the many by government, individuals must surrender the rest of their Rights to facilitate the government’s Pursuit. Those refusing to do so are threats both to government and the governed. We all know how threats are dealt with.

This is the question Americans must answer. Will we be allowed to fail or not? The Left, and far too many on the Right, say, “No! No one must fail!” There remains, however, a minority which understands the value in failure. It understands the pain in little failures along the way are motivation to great Happiness at the end of the Pursuit! It understands failure is not an impediment to Happiness, it is a stepping stone to a successful Pursuit. It knows temporary suffering in a failure while Pursuing does not compare to the eternal suffering in failing to Pursue at all.

Celebrating your Independence today, understand what it means to be Independent! It means your success or failure in the Pursuit of Happiness depends on you, not the government. It means you not only can, but will, fail while in Pursuit. When your Rights are secured by government and not defined by it, you embrace failure as a blessing and not a curse, as a teacher and not a thief. You truly have Life, you are truly at Liberty, you have the best chance for a successful Pursuit!

In college, I hung a poster on my wall which read, “A ship in a harbor is safe. But that is not what ships were made for!” Enjoy your Pursuit! Godspeed!

Blue Collar Muse

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