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John Roberts: A Supreme Property Rights Disaster In The MakingMore Kelo on the SCOTUS horizon?...
Pacific Legal Foundation, ONe Republic Journal, Acton Institute, Enter Stage Right ^ | 8/15/05 | James S. Burling

Posted on 08/19/2005 8:41:48 PM PDT by FReethesheeples

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To: Torie

I undeerstand externalities, having taken econ at Yale and elsewhere, and having worked as an intern at CBO, but what is disturbing about this is the following quote from the article:


"In a nutshell, Roberts argued that impacts to property owners must be balanced against the utility of the regulation "in a way that tilts almost every time in the government's favor.""


21 posted on 08/19/2005 9:03:42 PM PDT by FReethesheeples (Was the Narcissistic Joe Wilson a Source in "Outing" His Own Wife Valerie Plame as a "CIA Agent"?)
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To: FReethesheeples

I smell a civil war on the horizon if we don't start putting some people in Washington that are true to the Oaths that they swear that UPHOLD AND DEFEND the Constitution of these United States.


22 posted on 08/19/2005 9:04:47 PM PDT by Leatherneck_MT (3-7-77 (No that's not a Date))
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To: FReethesheeples

"In a nutshell, Roberts argued that impacts to property owners must be balanced against the utility of the regulation "in a way that tilts almost every time in the government's favor."

I hate the word utility.

Screw that commie Millsian crap.


23 posted on 08/19/2005 9:05:54 PM PDT by adam_az (It's the border, stupid!)
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To: ExitPurgamentum; Torie

Good analysis of yours to Torie @ # 19:

"For someone familiar with the term "externalities," you are surprisingly hasty. Risk associated with uncertainty regarding property rights is an enormous negative externally. In the limit, when property rights are not enforces at all, you arrive at the Hobbesian nightmare.

"So, if you want to take into account externalities, then take into account all known ones. As soon as you include that which stems from the owner's uncertainty about his rights to the property in his possession, it will outweigh any other positive ones you may come across."

"Make Tories proud --- be consistent."

My comment: Well put!


24 posted on 08/19/2005 9:06:43 PM PDT by FReethesheeples (Was the Narcissistic Joe Wilson a Source in "Outing" His Own Wife Valerie Plame as a "CIA Agent"?)
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To: FReethesheeples

Knowing something about Lake Tahoe, the problem was it was being slowly turned from a pristine lake into a cesspool from too rapid development without adequate sewage infrastruture.


25 posted on 08/19/2005 9:06:45 PM PDT by Torie
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To: FReethesheeples; Leatherneck_MT; ExitPurgamentum; adam_az; One Dight; satchmodog9; ...

On the related note of property, you might be interested in this story if you haven't heard about it already:



"Migrants awarded vigilante's Ariz. ranch"
http://www.freerepublic.com/focus/f-news/1466905/posts


26 posted on 08/19/2005 9:08:07 PM PDT by Stellar Dendrite
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To: ExitPurgamentum

Risk is a cost. But risk associated with trying to incorporate economic externalities into the price system is an economically efficient risk cost. Of course, what was happening here was going off at the handle without really knowing the facts of the case. It was one of those ideological knee jerk thingies. I will react negatively to that each and every time it happens, unless my knee happens to be jerking. And so it goes.


27 posted on 08/19/2005 9:10:36 PM PDT by Torie
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To: adam_az

I hadn't thought of John Stuart Mill as a commie unitl you mentioned it just now. I suppose there are "dialectical" & even Marxist implications of "utilitarianism."

;^)

After all, aren't "needs" the rough equivalent of "happiness" or in the later ulilitarian's terms: "Utils." ("Utils" were defined as "Units of happiness" or "Units of pleasure," as I recall.)(sp?)


28 posted on 08/19/2005 9:11:44 PM PDT by FReethesheeples (Was the Narcissistic Joe Wilson a Source in "Outing" His Own Wife Valerie Plame as a "CIA Agent"?)
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To: ExitPurgamentum

Are we talking with or without money involved?


29 posted on 08/19/2005 9:11:47 PM PDT by sonsofliberty2000
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To: Stellar Dendrite

Thanks for the following Link:

"Migrants awarded vigilante's Ariz. ranch"
http://www.freerepublic.com/focus/f-news/1466905/posts


30 posted on 08/19/2005 9:12:41 PM PDT by FReethesheeples (Was the Narcissistic Joe Wilson a Source in "Outing" His Own Wife Valerie Plame as a "CIA Agent"?)
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To: zendari
I trust Bush on judicial appointees and I trust john roberts.

Implicitly trusting professional big-government politicians kills free societies, and therefore is a terrible, self-destructive idea.

31 posted on 08/19/2005 9:13:54 PM PDT by Hank Rearden (Never allow anyone who could only get a government job attempt to tell you how to run your life.)
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To: FReethesheeples
The very terms of the fifth amendment, furthermore, are sufficiently flexible to accommodate changing notions of what compensation is ‘just.’”

This statement in itself could mean anything. I for one am not going to sway back and forth with every article that comes out on Roberts. The stuff I have been able to dig up on him shows him to be conservative.

Lawyers work for people and argue their cases, criminal lawyers defend known murderers frequently and try to get them off. I do not know for sure if he actually utter these words or not and will not allow myself to think one way or another until I can research this on my own and find out what he actually said and what he argued for or against.

The main thing is this, there is nothing in what this article says that indicates he is for the public purpose stance of the supreme court, what the article talks about is the compensation factor. We don't know what the whole case was in Tahoe but I am going to find out and as far as the quote he made about the 5th amendment I am going to find out what he meant by that, indeed, I am going to find out if he even said it.

32 posted on 08/19/2005 9:14:54 PM PDT by calex59 (If you have to take me apart to get me there, then I don't want to go!)
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To: Torie
Negative externalities not incorporated into the price system are a bitch. Land use is all about economic externalities, positive and negative. Ranting about takings, while ignoring the economic externalities, is well, obtuse. Take another shot. This one misses.

Karl Marx couldn't have put it better in the first plank of the "Communist Manifesto".

Which doesn't mean quite yet that I will associate Roberts with your philosophy.

33 posted on 08/19/2005 9:16:38 PM PDT by Jim_Curtis
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To: Leatherneck_MT
I certainly agree that the SCOTUS' 5-4 decision threatening the remnants of the Takings' Clause of the 5th Amendment and Property Rights has already invited a firestorm of alarming and appropriate proportions in Public Opinion.

Kelo was a very real, very grave, --- and perhaps overdue (but highly unwelcome!), --- Wake Up Call, that many both on the left and right have taken to heart.
34 posted on 08/19/2005 9:17:22 PM PDT by FReethesheeples (Was the Narcissistic Joe Wilson a Source in "Outing" His Own Wife Valerie Plame as a "CIA Agent"?)
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To: FReethesheeples

As it stands..our only defense is to pass state legislation or initiatives to limit takings to govt. needs and not private.
I'm afraid on the federal level the decision is done for a long time.
With a left/right we need to handle this on state, county, and city level. Cut them off at the knees.


35 posted on 08/19/2005 9:26:12 PM PDT by Oldexpat
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To: adam_az

What's commie about utility?


36 posted on 08/19/2005 9:30:57 PM PDT by ExitPurgamentum
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To: FReethesheeples

NO LONGER A JOKE .....

One man says to a second man: "Do you believe in the First Amendment freedom of speech?"

The second man says: "Of course I do."

The first man then asks: "Do you believe in the Second Amendment freedom to bear arms?"

The second man replies: "No, I don't."

The first man insists: "Then shut up!"

The moral of the story is: you can have your rights, but you have to protect and defend them, too.



"Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our children's children what it was once like in the United States where men were free."

Ronald Reagan


37 posted on 08/19/2005 9:31:58 PM PDT by hombre_sincero
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To: FReethesheeples

Many thanks for your kind words.


38 posted on 08/19/2005 9:32:02 PM PDT by ExitPurgamentum
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To: Jim_Curtis; Torie; Chuck54
As I said, I still want to remain open on Roberts until I have digested the full implications of this and maybe have seen other writings of his, but this is a most unsettling analysis by a fellow who is a Senior Legal Analyst with Pacific Legal Foundation, which is a very respectable conservative/libertarian group.

So is Acton Institute, through whom this article is also published, quite impeccable as advocates of private enterprise and free market economics.

However, I have zero tolerance for anyone who is a candidate for the Supremes who is soft on Private Property Rights, which are so terribly fundamental and so key to understanding what makes America America, and Property Rights are absolutely fundamental to the Founders' thinking as to be literally sacred, and their undertstanding and protection is an absolute and inviolable sine qua non of being a "qualified judge" at any level.

Roberts needs to give some comfort and clarity and even assurances, somehow, on his view of private property rights. He cannot do so on unadjudciated cases. He may be able to do so on past cases, but at some peril to the important position that he should not, nor should any judicial candidate, give an indication prejudicial to future cases. What a dilemma and what a conundrum.
39 posted on 08/19/2005 9:32:04 PM PDT by FReethesheeples (Was the Narcissistic Joe Wilson a Source in "Outing" His Own Wife Valerie Plame as a "CIA Agent"?)
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To: hombre_sincero

Amen to you at #37.


40 posted on 08/19/2005 9:32:45 PM PDT by FReethesheeples (Was the Narcissistic Joe Wilson a Source in "Outing" His Own Wife Valerie Plame as a "CIA Agent"?)
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