There is a story buzzing today about an auction to be held in New York where some artifacts that once belonged to Mahatma Gandhi or to be sold at auction. This whole issue certainly brings up some interesting points.
First, the items being auctions are not ancient. But what is interesting is that many have been calling for intervention! While I certainly agree that these items belong in a museum, laws which permit the confiscation of personal property for the “greater good” are a very slippery slope.
Can it possibly happen here in the United States? If you would have asked me prior to 2005, when the Supreme Court decision in the case of Kelo v. City of New London was decided in favor of the City, I would have said ABSOLUTELY NOT. But with a few pen strokes the US Supreme court expanded the definition of Eminent Domain to include that the government (City, State or Federal) could take someones personal property (providing them with “compensation” of the “value” of the property) and give it to someone else if it benefited the government. (In the case of the City of New London it provided more tax revenue). Prior to this, eminent domain was interpreted narrowly to include the taking of personal property (land) in the case that it was needed for such things as infrastructure (a highway, road, etc.). It is yet to be seen how this will ultimately work itself out, but one thing is certain, it inspired swift action by many Cities and States across the country which quickly set about creating local laws restricting the use of eminent domain. (Other Cities quickly tried to use this new interpretation of the eminent domain laws to snatch up property for various reasons- in New York City it is currently being put to the test in the case of a new Columbia University campus.)
While on a case by case basis it is easy for someone to see the benefit of such laws, when you look at the “big picture” it opens the door to the erosion of our personal liberties. I certainly would like to see Gandhi’s glasses and leather slippers in a museum, but not at the cost of our rights. The arguments being made say that Gandhi would not be in consonance with Gandhi’s values. But Gandhi is best known as a champion of independence and inspired his generation and generations to come to “fight” for civil rights and freedom across the world.
