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To: TheOtherOne

Just scanned this monstrosity, but here, I believe, is a key phrase:

Not only was the “use by the public” test difficult to administer .... but it proved to be impractical given the diverse and always evolving needs of society. Accordingly, when this Court began applying the Fifth Amendment to the States at the close of the 19th century, it embraced the broader and more natural interpretation of public use as “public purpose.”


Public purpose, of course, is nothing more than the American version of the Marxist "common good." Individual rights are now trumped by the interests of the common good, as we see it, says the court.

The courts, essentially, held a constitutional convention and changed the phrase "public use" into "public purpose."

Public purpose can mean anything, at any time, to anyone. Thus, private property has ceased to exist, as it can now be taken by government for any reason as defined by "public purpose."

This court decision can be boiled down to one sentence: "Welcome to the USSA - United Soviet Socialist America."


40 posted on 06/23/2005 2:24:08 PM PDT by sergeantdave (Marxism has not only failed to promote human freedom, it has failed to produce food)
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To: sergeantdave

You and I are in agreement on this one. See my post#23 on this thread.

Also, I called it the USSA over here:

http://www.freerepublic.com/focus/f-news/1428929/posts?page=2#2


41 posted on 06/23/2005 2:28:50 PM PDT by TheOtherOne (I often sacrifice my spelling on the alter of speed™)
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