U.S. Supreme Court 9-0 Victory on Private Property Rights

U.S. Supreme Court 9-0 Victory on Private Property Rights

 

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Brannon Howse: Let me know is Dan Eastman. Attorney Dan Eastman. Dan, you texted me the other day and said, hey, there are some court cases I better let your folks know about. Thanks for joining us, counselor. What's up?

Dan Eastman: Hey, thanks for having me on, Brannon. It's always a great, great to chat with you. And I was watching the Supreme Court cases come out. This is Supreme Court decision season. And we've had some really interesting two cases that I thought were noteworthy because they're nine to nothing. And I think when you look at the United States Supreme Court, it's a very diverse group of people, opinionated. And some people say we have a 5 to 4 split between the more conservative-thinking justices and the more liberal progressive justices. So to see two cases in a row roll out at nine to nothing caught my eye. And they're very interesting cases because both of them deal fundamentally with an individual's right to own property. And there is nothing more fundamental to the United States of America and to capitalism in general than an individual's right to own private property. And if you read the Declaration of Independence and the Constitution of the United States and go back 600-plus years of Anglo-American law, what you realize is that for a very long time, individuals have a right to own property and it's not granted to them by the state. It's given to them by God that you can own stuff. And there's an exclusionary clause that if I own a piece of property, that means I can keep you and everybody else out. And that's what property ownership means.

Dan Eastman: So here we have two cases where the US Supreme Court nine to nothing rules in favor of the individual. And of course, the first case is the 94-year-old Geraldine Tyler case up in Minnesota, in Hennepin County. This is sort of a travesty of justice. And I think all of the justices realized the impact that a law like the challenged law has. And basically, what happened was Geraldine owned a condominium. She's of modest means. The condominiums were worth $40,000. She falls behind on her property tax payments, which you can imagine are, you know, her arrearage was $2,300 over the years. Think five years. So she has a very inexpensive condominium. She's 94 years old. She has a little bitty tax bill and she's behind because, by the time you live into your 90s, you're always running. You have lived longer than your money, so your people struggle so she doesn't pay her taxes. And amazingly, in 12 states, including Minnesota, and Hennepin County, they seized her condominium for back taxes, sold it, and pocketed the money. And the rest of the states in the United States don't do that. I mean, if the state if you're behind in your taxes, the county government can come in, seize your house, sell the house, take the money to pay off the taxes and give you or the bank or both the rest of the money.

Dan Eastman: Well, the United States Supreme Court found that to be unconstitutional. And Geraldine brought two claims, federal constitutional claims. The first was under the Fifth Amendment, which is the seizing of property by the government. There's a taking clause subclause within the Fifth Amendment that says if the government takes your property for the public good, it has to be for the public good. Like if you have a farm or a house and they want to put a road through, they can seize your property, but they have to pay you just compensation. And that's sort of a last straw because governments don't like doing that because, you see somebody's property, give them a little money, and then you run the road. Well, they also argued under the Eighth Amendment that there's an excessive fine if she owes 15,000 and they sold her condo for 40,000, that's an excessive fine. Well, the court found on the Fifth Amendment claim only it didn't reach the Eighth Amendment claim, but has struck down all of these laws in 12 states nationwide that allow governments to be confiscatory. If you don't pay your taxes, will seize your house and keep all the money, no matter how big your equity is. Well, that just went out the window. And I think this case, Geraldine versus Hennepin County, it's kind of cool when you're 94 years old to have a named Supreme Court case after you.

Dan Eastman: And I don't want to, in my mind, be an old guy. I see sort of an interesting parallel to the Rosa Parks situation, although Rosa Parks was much more important to civil rights in the United States. But still, here again, an 84 or 94-year-old woman steps up and says, No, what you did to me is wrong. And now people in 12 states can thank Geraldine for liberating them from this insane policy where the government swoops in and takes your property. Keep in mind those are local ordinances and there are local people in state government and county government and local government who adopted that. And I think that's where your prior guest, Ann Van der Steal was talking about the we cannot ignore what happens at the local level. You can't put people in power at the local level. They can seize your house and take all your money because you're behind in your taxes. Well, today, the nine nothing. The Supreme Court came to the rescue, but that may not always happen. The second case, of course, is the Sackett case. And this is interesting. It's a bit complicated because the Environmental Protection Agency can regulate the water resources of the United States. And the question is how far do those go? You have the ocean or lakes and rivers and streams. What about the drainage ditch or what about the farmer's field that flows off? Well, the Sacketts wanted to build a house on some land somewhat near a lake, but not on the lake or next to the lake.

Dan Eastman: And, of course, the EPA gave them all sorts of trouble because, under the Obama administration, they expanded the definition of waters of the United States, which means if you spill your beer in a bar, that's the waters of the United States. Okay. Well, the Supreme Court shot that down. And it was kind of an interesting decision because while nine to nothing, they supported the individual's right to build the house. After all, they're not anywhere near a body of water. There was also the usual liberal virtual signaling of the four more liberal justices saying, well, you know, and Kavanaugh, interestingly, that the EPA's regulation shouldn't be limited by the court. Well, the dance never ends in Washington. But what you have last week is a little slice of good news. At least nine people in Washington sitting on a bench still value the individual right to own property. And that's important because if this starts to crumble, you know, this idea of, you know, waving the flag and freedom and all that stuff, if you can't own property, if you if you're forced to own nothing and be happy, then you're going to own nothing and you're not going to be very happy. So at least today you're.

Brannon Howse: Telling me that this. This decision by the Supreme Court is good news that we're giving tonight, but it also means the World Economic Forum should notice that in America, the highest court is not going to go with your you're going to own nothing and be the happy slogan.

Dan Eastman: That's nobody has elected a World economic forum. Brannon, you and I set up some kooky nonprofit, and we're going to become dictators and we're going to rule the world. They're not going to let us do that. But somehow these kooks in Europe are running around with this idea that they're the World Economic Forum and they're going to run the world. They're not going to run China. They're not going to run Russia and they're not running the United States. So this idea of pandering to those international kooks, those are people that have no clue how nations work. We are a free and independent country. We govern ourselves and our traditions are very well established. And Anglo-American law for the last thousand years, we don't need the World Economic Forum. I didn't vote for them and I don't want them telling me what kind of pharmaceuticals or what kind of bank or what kind of money. That's just a bunch of kooks. Okay. But what they've done is captured major universities like Harvard and Yale and all of these powerhouse universities. They have created an army of young, impressionable people that go out into the world and believe in this stuff. And they honestly think they're going to control 6 to 8 billion lives. It's not going to end well for them. So we need to be tuning them out, defunding them, telling them to go home, don't need the World Economic Forum or the World Health, whatever that thing is. Talking about the diseases in our home country. If we can't govern ourselves, that's a real problem. When you look at what they're doing in Washington, taking our federal deficit to $36 trillion, it's time to put the brakes on. The American people have to step back and say, wait a minute, this is not the deal. And our deal is the Constitution. That's the social contract that binds all of us together as Americans. And it matters. And that's why I was delighted to see that there are nine justices, all of whom agreed to this as they sit in Washington. This is a good thing. But so let me ask you.

Brannon Howse: Let me ask you. In closing. Well, how do you think we got it? A 9 to 0? How do you think even these liberals on there agreed to this? Because they also have houses and they still believe in a little bit of private property. Are they not?

Dan Eastman: Well, I would assume that if you're a Supreme Court justice, you can afford a house, at least a luxury park bench. So they own property. But at the end of the day, the American citizens have to decide what are we is our Constitution an illusion or is it the founding document that creates a social contract? And it's comforting to know that even liberal justices are at least respecting the rights of the Sacketts, who are building a home near a lake. And Geraldine Tyler, some poor lady in Hennepin County that's living in a $40,000 condo. At least today, those property rights are protected and that's a good thing. But its vigilance is what an issue talking about. So that's it. Okay.

Brannon Howse: Professor Dan Eastman has a show on my channel every day, WDW, Tv.com Every day you can watch you. Dan Right, Right. Dan Yes, sir.

Dan Eastman: Come come to the Eastman Financial Report. ProfessorEastman.com and you can hear more.

Brannon Howse: ProfessorEastman.com ProfessorEastman.com and we post his daily show at wptv.com. Hey if you appreciate what we're doing we need your support sheets, towels, blankets, pet beds, slippers, sandals, mattresses, robes, and more. Sales are going on in Giza. Dream sheets, slippers, slides, sandals. Sales are going on on towels, a six-piece towel set, and lots of sales. As prices are going up, Mike is bringing the prices down, clearing out some inventory, and making way for more manufacturing space for the Mypillow 2.0. Go to Mypillow.com. Get those graduation gifts, wedding gifts, and Father's Day gifts. But please use that promo code B66. That way you get savings, we get credit, you get savings, we get credit. Promo code B66 helps us pay for everybody and everything and keep it on the air night after night after night. That's it. Thanks for watching. Have a great night. I'm Brannon Howse. Take care.

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