Differences on Property Rights
Here are a couple of thoughts by Janice Rogers Brown. As you're reading them keep the Kelo decision in mind. Also please note that these are posted at the People for the American Way's website as evidence that she is "too extreme." They actually think holding the following views are a bad thing.
Janice Rogers Brown on the proper “protection” of property
In the New Deal/Great Society era, a rule that was the polar opposite of the classical era of American law reigned...Protection of property was a major casualty of the Revolution of 1937…Rights were reordered and property acquired a second class status...It thus became government’s job not to protect property but, rather, to regulate and redistribute it. And, the epic proportions of the disaster which has befallen millions of people during the ensuing decades has not altered our fervent commitment to statism. [Federalist speech at 12, 13]
At its founding and throughout its early history, this regime revered private property. The American philosophy of the Rights of Man relied heavily on the indissoluble connection between rationality, property, freedom and justice. The Founders viewed the right of property as “the guardian of every other right”….[IFJ speech at 5]
[P]rivate property, already an endangered species in California, is now entirely extinct in San Francisco…I would find the HCO [San Francisco Residential Hotel Unit Conversion and Demolition Ordinance] preempted by the Ellis Act and facially unconstitutional. …Theft is theft even when the government approves of the thievery. Turning a democracy into a kleptocracy does not enhance the stature of the thieves; it only diminishes the legitimacy of the government. …The right to express one’s individuality and essential human dignity through the free use of property is just as important as the right to do so through speech, the press, or the free exercise of religion. [Dissenting opinion in San Remo Hotel L.P. v. City and County of San Francisco, 41 P.3d 87, 120, 128-9 (Cal. 2002)(upholding San Francisco ordinance calling on hotel owners seeking permission to eliminate residential units and convert to tourist hotels help replace lost rental units for low income, elderly, and disabled persons)][See also IFJ speech at 4 (warning that without effective limits on government, “a democracy is inevitably transformed into a Kleptocracy.”)]