John Cornyn: “I rise today to introduce new legislation, entitled the Protection of Homes, Small Businesses, and Private Property Act…”

“I rise today to introduce new legislation, entitled the Protection of Homes, Small Businesses, and Private Property Act of 2005. I introduce this legislation in response to a controversial ruling of the United States Supreme Court issued just last Thursday. The protection of homes, small businesses, and other private property rights against government seizure and other unreasonable government interference is a fundamental principle and core commitment of our Nation's Founders. As Thomas Jefferson famously wrote on April 6, 1816, the protection of such rights is: the first principle of association, ``the guarantee to everyone of a free exercise of his industry, and the fruits acquired by it.'' The Fifth Amendment of the United States Constitution specifically provides that ``private property'' shall not ``be taken for public use without just compensation.'' The Fifth Amendment thus provides an essential guarantee of liberty against the abuse of the power of eminent domain, by permitting government to seize private property only ``for public use.'' On June 23, 2005, the U.S. Supreme Court issued its controversial 5-4 decision in Kelo v. City of New London.…”