I'm still working on reading and absorbing Carla Main's "Bulldozed." Not that it's a difficult book to read -- it's my time limitations. I will give a more in-depth report once I've finished but wanted to update my readers.
After telling us what was happening with the Gore family in Texas, Ms. Main presents some of the history of eminent domain. My sister talks about our forefathers in an idealistic framework expecting future generations to act with "civic virtue" when exercising the government's new right of eminent domain. Ms. Main informs us that the main proponent was James Madison who later had some qualms.
One of the biggest defenders of the property owner in early court cases was attorney Daniel Webster. His opponents were devotees of President Andrew Jackson, a populist who believed strongly in majority rule, trusting the common man to make right decisions. Justice Roger B. Taney was his man on the bench of the Supreme Court, who dressed in the new style of long pants, a symbol of his democratic leanings. Knee britches had been the style of the upper classes.
Webster was of the Whig party that favored a strong Constitution and a contract clause with teeth. By 1847 his friends on the bench had died or retired, and a big eminent domain case -- West River Bridge Company v. Dix -- was before the court. Webster was now old and as usual, short of money. The essence of the case was the private ownership of a bridge, the owner of which had been granted the right to collect tolls. The townspeople came up with the idea of establishing a public road to and from the bridge and lobbied the legislature to pass a law allowing it. That eliminated the right of the bridge owner to collect tolls, making it a public bridge. Webster was defending the bridge owner. In spite of his brilliant mind and exceptional legal talent, he lost. This was a green light for future actions.
Jean, the Eminent Domain Lady
