The genius of the constitution of the United States is that it sets forth not what government cannot do, but what government can do.  It is a document that constrains our government. However, over the years, various governmental entities have tried to expand their scope and power beyond that authorized by the constitution, sometimes without success, but too many times with success. One such case in point is the recent Supreme Court ruling that allows cities to take one's property and give it to another. The case involved New London, Connecticut, homeowners. The court said that New London could pursue private development under the Fifth Amendment, (taking away people's homes) since the project the city has in mind promises to bring more jobs and revenue.
     Private property rights are the foundation of our economy and public and private lives. One is supposed to feel secure in one's home and not be afraid that someday our government will take it away and give it to someone else!
     The Fifth Amendment to the Constitution allows for government to take away private property for
public use with just compensation. Public use is just that, roads, courthouses, parks and the like. Giving it to a developer to construct a shopping mall certainly cannot be considered public use. With its ruling the Supreme Court has trashed the Fifth Amendment.
     In 1788 James Madison said "I believe there are more instances of the abridgement of the freedom of the people by gradual and silent encroachment of those in power than by violent and sudden usurpations."  It is happening right before our eyes, especially here in Madison with smoking bans, endless rules and regulations, and taxation. It seems that the vast majority of people does not approve these actions, but since the abridgement of the freedoms is gradual, it does not seem that bad, especially with the soothing assurances of our governmental officials that they are doing it to improve our lives!
     The Declaration of Independence states that we are endowed by our Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness. It goes on further to say that Governments derive their powers by the consent of the governed and are instituted to secure these rights and that whenever any form of Government becomes destructive to these ends, it is the Right of the People to alter or abolish it.
     I urge all my Asian brothers and sisters to become active in our communities as well as in politics. We should do so not to secure benefits for ourselves, but to constrain our governments and secure our freedoms. By doing so, we will all be better off.

  
John Pinto is a long time Madison resident and owns Delta Vending Services and Delta Enterprises which deals in real estate.
Government and politics
                                 The erosion of freedom
                                          by John S. Pinto
HOMEPAGE
August 2005 Preview