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To: pganini
This is one of those nuances. Because they are both 5-4 decisions, one cannot assume them to be an absolute truth. The 10th Amendment states;

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Roe v. Wade (wrongly) found abortion to be an enumerated right per the 4th Amendment. Kelo v. City of New London found (wrongly) that "private property be taken for public use" per the 5th Amendment that the definition of public use included private activities that increased public revenues. It did not mandate the further seizure of private property or invalidate local and state laws prohibiting their particular interpretation nor the removal of law makers committed to utilizing this new power.

I have faith that changes to the SCOTUS in the next 5 years will rectify both of these.

1,524 posted on 06/27/2005 12:28:00 PM PDT by Natural Law
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To: Natural Law

My point is, like Roe V. Wade, the recent SCOTUS decision IS the law of the land right now and any local laws trying to supersede that will get challenged and will probably get struck down until SCOTUS changes.

So, it means that at the moment, it's legal for developers to do this.

However, if ther eis a vote to change the constitution for this purpose, it'll probably pass with flying colors as both side of the aisle realized that the decision is pissing off people from both sides. I know it'd be a lengthy process, but it'll pass.


1,525 posted on 06/27/2005 12:37:27 PM PDT by pganini
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