A Man’s Home Is His Castle
by
Wendy McElroy
by Wendy McElroy
DIGG THIS
The Castle
is a tacky tract house in Melbourne, Australia, where the quirky
Kerrigans live in the firm belief that they are the luckiest family
in the world. Their house is so close to the airport that planes
almost scrape their roof. But instead of complaining, patriarch
Darryl feels lucky to have such an up-close view of mans conquest
of nature. High-power lines buzz over the toxic landfill that is
their backyard but the Kerrigans couldnt be prouder of their
house. When an inspector drops by, Darryl gives him the tour,
pointing with pride to a fake chimney and garish plastic trim which
he is sure will increase the houses resale value.
Not that the
Kerrigans intend to move. Three Highview Crescent is not a house;
it is a home brimming over with love and improbable characters who
warm your heart even as you laugh at their lack of sophistication.
The
Castle (1997; directed by Rob Sitch) is also a movie about
eminent domain: the so-called right of a government to seize private
property for a public use, such as a freeway, in exchange for what
the government deems to be fair-market value. Thus the movies
title spins off the maxim, A mans home is his castle.
The inspectors visit turns out to be a preliminary step in
the compulsory purchase of the Kerrigan home by government-backed
private developers who wish to expand the airport. Along with his
neighbors, Darryl decides to just say no to government
and to the powerful development company.
The movie
had a poignant tinge for me when I first viewed it; indeed, I laughed
more the second time around months later. The U.S. Supreme Court
had just rendered a decision in Kelo v. City of New London,
which is now infamously and simply known as Kelo. The Supreme
Court ruled that the city could use eminent domain to transfer private
property from its owners to a private entity that wishes to use
it in a better economic manner. The reasoning: if the
new economic use creates jobs and enhances a citys revenues
(i.e., taxes), then it is a de facto public use and, so, permitted
under the public-use clauses of both federal and state constitutions.
The ruling
shocked the majority of Americans. Prior to Kelo, the Fifth
and Fourteenth Amendments to the Constitution limited the reach
of eminent domain. The Fifth Amendment states, in part, that no
person shall be deprived of life, liberty, or property, without
due process of law; nor shall private property be taken for public
use, without just compensation.
The Fourteenth
Amendment extended this limitation from the federal government down
to the state and local levels. Through the Kelo ruling, however,
the Supreme Court validated the citys actions as due
process, redefined public use, and declared the
rejected compensation to be just.
In short,
local governments were given a green light to coerce the transfer
of property between two private parties.
Battling leviathan
The Castle
taps into the sadness, fear, and outrage that the average person
feels when confronted by big government and big business. It also
resonates with a theme that is strong in the American character:
resistance to unjust authority.
The Kerrigans
are battlers. Within Australian culture, this term has
a specific and respected meaning in much the same manner that rugged
individualism has in America. The little Aussie battler
is an archetype that depicts the working man (Darryl is a tow-truck
driver) who triumphs through sheer will and merit over those who
consider themselves to be his superior. Usually, the battlers
opponents are the rich, the privileged, or the government.
Over and over,
Darryl says no to the money and threats extended by
government and company representatives. He hires a small-time and
inept attorney who argues before the court that evicting the Kerrigans
is against the vibe of the Australian constitution.
Even the attorney becomes endearing as he approaches the judges
bench to whisper, How am I doing? The answer is clearly,
Not well.
Kerrigan loses
the appeal. At this point, The Castle provides a serious
glimpse into the human cost of eminent domain. The formerly irrepressible
and sweet Darryl becomes a broken man. Early on, the movie establishes
the Kerrigan family by gathering them around a dinner table on which
the matriarch, Sal, places a chicken. Detecting something on the
bird, Darryl eagerly asks what it is. Seasoning, Sal
replies with pride. And Darryl glows like a light bulb in admiration
of his wifes culinary genius.
Now, the changed
Darryl doesnt notice whats on the plate before him.
Happily, a
chance encounter outside the courthouse becomes the Kerrigans
salvation. An elderly man is there to witness his sons first
day as an attorney in a courtroom. The two proud fathers exchange
niceties, with Darryl bragging about his daughter, who is also a
graduate of a local beauty college, that is. We soon discover
that the man is a retired expert in constitutional law. He takes
the Kerrigan case to the Australian Supreme Court, where he challenges
the legality of the compulsory purchase under Section 5 of the Constitution
and draws specific parallels to the aboriginal land-rights movement.
The Kerrigans prevail.
The Castle
was a smash hit and an award winner in Australia. In North America,
the movie has never received the attention it deserves. One reason
may be that it is a low-budget film with a straight plot line and
simple camera angles. Moreover, it leans heavily on a much-repeated
joke: the unsophisticated Kerrigans with their unlikely dignity.
Audiences who are used to Hollywood slickness, big-name stars, or
special effects may be disappointed in the unassuming simplicity
of The Castle. Yet that very simplicity is part of its engaging
charm. Nevertheless, it may be better to rent The Castle
and see it on a small screen among friends with whom you can talk
than to see it on a large screen where you must sit in silence.
This movie
is a comedic treasure. It is a loving homage to the common man who
loves his family and his castle, and will fight anyone who threatens
either.
October
21, 2006
Wendy
McElroy [send her mail]
is the editor of ifeminists.com
and a research fellow for The
Independent Institute in Oakland, Calif. She is the author and
editor of many books and articles, including the new book, Liberty
for Women: Freedom and Feminism in the 21st Century
(Ivan R. Dee/Independent Institute, 2002).
Copyright
© 2006 Future of Freedom Foundation
Wendy
McElroy Archives
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