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Thoughts?
1 posted on 06/25/2005 10:42:41 AM PDT by lowbridge
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To: lowbridge
This needs to be added: a definition of property. That would include the origin of property.

Fact is, we have some fairly murky ideas of the nature of property.

2 posted on 06/25/2005 10:45:24 AM PDT by RightWhale (withdraw from the 1967 UN Outer Space Treaty)
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To: lowbridge

I like it. It's too bad it needs that clarification.


3 posted on 06/25/2005 10:45:51 AM PDT by cripplecreek (I zot trolls for fun and profit.)
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To: lowbridge

Leave the federal law alone, IMHO and have the state laws address it. Not all states allow such takings and no state should.


4 posted on 06/25/2005 10:47:55 AM PDT by muir_redwoods (Free Sirhan Sirhan, after all, the bastard who killed Mary Jo Kopeckne is walking around free)
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To: lowbridge
...nor shall be compelled in any criminal case to be a witness against himself...

So, doesn't using a suspect's DNA to connect him to a crime fall under this clause?

5 posted on 06/25/2005 10:48:43 AM PDT by FReepaholic (When I read about the evils of drinking, I gave up reading)
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To: lowbridge

Don't mess with the Constitution, impeach the judges.


7 posted on 06/25/2005 10:49:51 AM PDT by agitator (...And that no man might buy or sell, save he that had the mark)
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To: lowbridge
I don't disagree, and I like the wording. However, this was not decided on Federal grounds. The court basically said that this issue was a STATES RIGHTS issue. The citizens of each State can enact laws to stop a lot of this nonsense, or at least, put your wording into their own State Constitutions.

The awfulness of this ruling is 5 bastards took the word "public" and changed it to mean "private developers."

8 posted on 06/25/2005 10:50:58 AM PDT by Enterprise (Thus sayeth our rulers - "All your property is mine." - - - Kelo vs New London)
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To: lowbridge
Bad idea, The Constitution works just fine as is.

If every eminent domain case were decided according to the Amendment, nothing bigger than a chicken coop would be built.

Not all the nuts are on the trees in this country; every highway, power plant, landfill, and on and on, was opposed by someone who would not sell, for any price or for any reason. That is the wisdom of the 5th.

I do disagree with the ruling, but this is not thee answer.
10 posted on 06/25/2005 10:56:35 AM PDT by mmercier (a little while we tarry up on earth)
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To: lowbridge; onyx; devolve; ovrtaxt

5th Amendment BUMP.


15 posted on 06/25/2005 10:59:48 AM PDT by Happy2BMe ("Viva La Migra" - LONG LIVE THE BORDER PATROL!)
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To: lowbridge

Get a rope!


16 posted on 06/25/2005 11:06:35 AM PDT by jrd
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To: lowbridge
Welcome to CWII. Don't know exactly when it will start, but if I'm still alive, I'll be ready.

I have updated my FMCDH (From My Cold Dead Hands) sign-off with the addition of (BITS).....Blood In The Streets, which I foresee coming soon, due to the enormous increase of the Marxist progressive movement being shoved down the throat of this failing REPUBLIC through the Judicial tyranny of fiat law, the passing of unconstitutional laws by the Legislative and Executive branches of our government and the enormous tax burden placed upon the average American to support unconstitutional programs put forth by Marxist ideology.

I do not advocate revolution. I only think of what I foresee.

FMCDH(BITS)

19 posted on 06/25/2005 11:13:09 AM PDT by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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To: lowbridge
without just compensation and permission of the property owner.

So if you own the a piece of right in the middle of a planned runway and don't want to sell, you could stop the whole project? I could imagine Green Peace buying up strategic pieces of property just to stop various projects. They tried and failed to to this to stop new electrical transmission lines from being built, but the federal courts prevented them from blocking the construction. Eminent domain is used precisely because some property owners don't want to sell. I object to the Supreme Court ruling that defines "public use" so broadly that any piece of property can be confiscated so it can be sold to other private interests that can make it more valuable and generate a higher tax base. I think the owner of the property should be paid not for the value of the current use of the property but for the value of its hightest use.

20 posted on 06/25/2005 11:16:47 AM PDT by Paleo Conservative (Hey! Hey! Ho! Ho! Andrew Heyward's got to go!)
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To: lowbridge

Wouldn't it be easier to change the supreme court ?


22 posted on 06/25/2005 11:19:21 AM PDT by oldbrowser (You lost the election.....get over it.)
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To: lowbridge

How about "...for public use, without just compensation paid at the maximum valuation under the planned usage and the public use verified by 2/3 vote of the relevant state legislature." No eminent domain bill up for vote by the legislature can consider more than one property or property owner at a time. Any property taken will always revert to the original owner for a sum of $1 before it is sold to any other individual or entity."


34 posted on 06/25/2005 12:05:24 PM PDT by xzins (Retired Army Chaplain and Proud of It!)
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To: lowbridge
It is much simpler than that:

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.
35 posted on 06/25/2005 12:05:25 PM PDT by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
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To: lowbridge

I think you may be correct on another plane of the universe. However, your error is assuming that the words and clear meaning of the Constitution have any meaning whatsoever in the USSC's legislative sessions. They do not. It does not matter what the law is, unless it protects THEIR interests.


38 posted on 06/25/2005 12:27:04 PM PDT by jammer
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To: lowbridge

That is treating the symptom, not the disease.

The disease is these Supreme Court Justices have grown accustomed to interpreting anything written in the Constitution to refelct their personal opinions, regardless of what the written word states. The Fifth Amendment as written seem perfectly clear to me.

Obviously, its not to them.


39 posted on 06/25/2005 12:30:12 PM PDT by ZULU (Fear the government which fears your guns. God, guts, and guns made America great.)
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To: lowbridge

applause. I can think of a number of other things to stick in there too...


48 posted on 06/25/2005 1:19:49 PM PDT by traviskicks (http://www.neoperspectives.com/scotuspropertythieving.htm)
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To: lowbridge

Efforts to "fix" the Fifth are doomed to fail as long as the court has justices who refuse to be restrained by the text of the document.

We could start this discussion by asking a simple question: What part of "shall not be infringed" is hard to understand? And how long ago did the Court start nullifcation by interpretation? In the case of the Second, almost 70 years ago with Miller.

There is a saying in politics: personnel is policy. This matter is a really a personnel problem. Impeach the Justices who cannot or will not read the plain text. Replace them with Justices who will.


50 posted on 06/25/2005 1:31:51 PM PDT by theBuckwheat
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To: lowbridge

Better idea, impeach the judges who ruled badly on this issue. Trust me when I say that if they can find away around the clear language of the takings clause, they will be able to get around anything.


52 posted on 06/25/2005 1:49:56 PM PDT by Frumious Bandersnatch
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To: lowbridge
. . .without just compensation and permission of the property owner.

I love the thought, but that's the purpose of the states power to condemn property under eminent domain, to take the property against the will and over the objections of the property owner. The purpose and use of the taking is at issue, not whether the state can take it.

54 posted on 06/25/2005 3:18:38 PM PDT by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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