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What Constitutional Right?

September 12, 2010

What Constitutional Right to Build the Ground Zero Mosque?
Source: News Reel Blog

The countless articles and commentaries about the proposed Mosque near Ground Zero never fail to include the proviso “no one disputes their constitutional right to build it……….”. From the always odious Keith Olbermann to the always entertaining Ann Coulter it is de rigueur to make this point when discussing the proposed Mosque. Why we need to constantly reference this point is beyond me. Our original constitutional right to dispose of our property at will is derived from the Fifth Amendments Takings Clause. But as all property owners in America are aware, our rights to do what we want with our property has long been superseded by local zoning boards, the EPA, local historical committees, farm usage regulations, and countless other restrictive powers of Local, State and Federal Government. Plus the Supreme Court ruling in Kelo versus the City of New London expanded the concept of eminent domain to include taking property from one group of private citizens to give to another group of private citizens.

While I deplore this development almost universally, it is not the case that, de facto, there is a constitutional right to build the Mosque near ground zero. It is merely the case that the Bloomberg Administration’s Zoning Commission decided to approve it. If you doubt this, I suggest you try to convert where you now live into a Church.

Read the rest at: News Reel Blog

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