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To: BackInBlack
I definitely wanted a different outcome...but I'm still a bit torn on whether the federal government has the right to prevent localities from doing that.

To me, the Constitution is using plain language to prohibit exactly: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

I agree with Justice Thomas that "public use" means public use, not private use. From page 40 of this pdf compilation from the Supreme Court:

This deferential shift in phraseology enables the Court to hold, against all common sense, that a costly urban-renewal project whose stated purpose is a vague promise of new jobs and increased tax revenue, but which is also suspiciously agreeable to the Pfizer Corporation, is for a "public use." I cannot agree. If such "economic development" takings are for a "public use," any taking is, and the Court has erased the Public Use Clause from our Constitution, as JUSTICE O'CONNOR powerfully argues in dissent.

28 posted on 06/25/2005 8:46:53 AM PDT by snowsislander
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To: snowsislander
nor shall private property be taken for public use, without just compensation.

If I were to strictly construe this claus, I might say it says nothing about having to compensate you at all if the property is taken for other than public use. Also, they could just institute a 100% tax. Pure communism is perfectly legal in the Constitution. It all in how you define the terms.
40 posted on 06/25/2005 9:42:36 AM PDT by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
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To: snowsislander
I agree with Justice Thomas that "public use" means public use, not private use. From page 40 of this pdf compilation from the Supreme Court:

Thank goodness for Justice Thomas, documenting the fall of the Republic one dissent at a time.

50 posted on 06/25/2005 10:05:58 AM PDT by garbanzo (Free people will set the course of history)
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To: snowsislander

I agree with the question about public use. How the hell can they justify seizing property from one private owner to hand it over to a different private owner? Since when did these cities become real estate agents?

People are gonna get hurt over this ruling, mark my words!


62 posted on 06/25/2005 10:23:47 AM PDT by djf (Government wants the same things I do - MY guns, MY property, MY freedoms!)
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