Posted on 06/23/2005 1:54:47 PM PDT by calif_reaganite
McClintock to introduce an amendment to the California Constitution to restore the original meaning of the property protections in the Bill of Rights
“Today the U.S. Supreme Court broke the social compact by striking down one of Americans’ most fundamental rights. Their decision nullifies the Constitution’s Public Use clause and opens an era when the rich and powerful may use government to seize the property of ordinary citizens for private gain.”
“The responsibility now falls on the various states to reassert and restore the property rights of their citizens. I am today announcing my intention to introduce an amendment to the California Constitution to restore the original meaning of the property protections in the Bill of Rights. This amendment will require that the government must either own the property it seizes through eminent domain or guarantee the public the legal right to use the property. In addition, it will require that such property must be restored to the original owner or his rightful successor, if the government ceased to use it for the purpose of the eminent domain action.”
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that is the attitude we SHOULD have.
great post.
If it was one ruling I could agree. Things are not running right with Supremes and haven't been for some time. Do read the ruling. Both disents are compeling.
If only we had a President like Tom McClintock!
there was an article posted on FR about a month ago that shows that the USSC has some runs similiar to this one in it's history. It is generally followed by a constructionist era.
ebb and flow ebb and flow.
It is, as Dead Dog said, just a matter of building a conservative majority strong enough to get judges that will interpret the constitution, not their own political opinions.
McClintock BUMP
No need to amend any state constitution, just pass a state law circumscribing the right to take property by cities.
You know what the problem is? We can't elect people that will work for us and stand up for what is right and get it pushed through. They do not exist anymore.
No, we have only created in this country people that care only about their goals at the expense of all others - their gain, their career potential. They are not about to cross one of those senators that could harm them in the future.
So - don't expect anything from the character of people today. What you want does not exist.
I went over to DU to see how they felt about this ruling. Especially considering the libs on the SCOTUS voted against it. I couldn't find a single comment for it - they were all appalled as well.
So, how can everyone at FR be against it, everyone at DU be against it, the ruling itself is unconstitutional, yet, it passed? As Madison said:
"It would declare that an act, which, according to the principles and theory of our government, is entirely void; is yet, in practice, completely obligatory. It would declare, that if the legislature shall do what is expressly forbidden, such act, notwithstanding the express prohibition, is in reality effectual."
The DU comments:
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=1575546&mesg_id=1575546
Judicial personality does matter. Me I would like to suggest another approach. Don't depend on them. We need to repeal hundreds of unconstitutional laws that are now on the books. Don't give the judges a chance to screw up. You know Murphy's Law, right?
I mean, libs on the scotus voted FOR it.
error
I'll vote for this....can we get it on Arnold's special election?
Mine too .. and the man I voted for. He's going to make a great president some day.
I think that most people in CA will back this amendment. The problem will be the Rats in congress, not the people.
Thanks!
and there was also this FRom California's state supreme court..
CA: Calif justices say Coastal Commission legal
http://www.freerepublic.com/focus/f-news/1429146/posts
Actually, there is a need. The most egregious offenders in California where takings are concerned are various public districts and State agencies that are both constituted at the State level.
Amen.
We have just begun to see the nickel and dimers in state and local gubamint coming out fo the woodwork re; parcel taxes, pothole fees , etc.
They will stop at nothing to keep the revenue flowing to feather their incestuous nests, programs and benefactors and your rights be damned.
"That's HEDLY!" LOL, what a great comparison!
Majority Opinion: "Ah, GEE, Your Honor, you use your mouth prettier than a $20.00 whore"
This is not an erosion of our private property rights - this is a full scale avalanche - how do these people sleep at night?
My state, fortunately, is one of the few that wont allow this theft - "We got guns!"- but the big boys could always take their takeover case to the SCOTUS and win anyway.
As well, Frist needs to go! He will never get a spine and there is no more time for foot-dragging and lily-livering. He can not deliver the goods and the dems know it, They revel in making him back down, which he does so d*mn easy.
We need him OUT NOW - and put in someone Bush and the rest of can can count on to pound the gavel. We need to get in the right supremes NOW - the clock is ticking and the dems are having too easy of a time running it out to Nov 06/
It has been the most disheartening thing to watch this rabid minority RULE! (Hillary must be holding some really bad stuff in those pilfered FBI files!) We need to replace Frist and the other turncoats with people that were not in office when Hillary stole those files - someone not so easily cowed over and over with the appearance of being held in abeyance by blackmail!
We need to get our heads out of the sand and face the reality that there are some mighty EVIL people at the helm in DC - who will stop at nothing to subvert this country into socialism...and we need to do it YESTERDAY.
Frist is a nice guy - but "nice guys finish..." WE have waited and waited - and lost and lost. It's time to replace him - he is not up to the position. He is TOTALLY and utterly cowed by the dems.
Time for the Pahjamahadeen to saddle up! the sun's going down...
We'd be better off having Mongo's Bull making the decisions "YES NO YES NO", rumor has it that Frist has adopted the Bull.
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