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1 posted on 07/01/2005 1:04:12 AM PDT by YCTHouston
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To: GulfBreeze; MeekOneGOP; anymouse; lentulusgracchus; bgsugar; isthisnickcool; Flyer; ...

Eminent Domain update from congress; some guys might actually get it (Cornyn, DeLay). Wonders never cease.


2 posted on 07/01/2005 1:11:06 AM PDT by YCTHouston (Come and take it.)
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To: YCTHouston

Congress has to pass legislation to enforce an already existing amendment? That's essentially saying Congress recognizes the Constitution as irrelevant so they end up making more redundant laws.

I know this may sound as a novel idea but let's enforce the laws we have by removing those who violate the Constitution!


5 posted on 07/01/2005 1:22:23 AM PDT by Man50D
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To: YCTHouston

How about a constitutional amendment?


6 posted on 07/01/2005 1:22:54 AM PDT by N. Beaujon (http://www.nbeaujon.com)
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To: YCTHouston


In case folks want to encourage the Weare, N.H., selectmen who have the power to take Judge Souter's house by eminent domain so that it can be replaced by a higher-tax-paying hotel, here are the Selectmen's addresses.





Board of Selectmen in general: office@weare.nh.gov

The Chair is Laura Buono: lbuono@weare.nh.gov

Vice-Chair is Leon Methot: lmethot@weare.nh.gov

Heleen Kurk: hkurk@weare.nh.gov

Joseph Fiala: jfiala@weare.nh.gov

Donna Osborne: dosborne@weare.nh.gov


9 posted on 07/01/2005 1:37:18 AM PDT by B4Ranch ( Report every illegal alien that you meet. Call 866-347-2423, Employers use 888-464-4218)
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To: YCTHouston
The protection of homes, small businesses, and other property rights against government seizure and other unreasonable government interference is a fundamental principle and core commitment of our nation's founders...

Not to mention the rest of us little guys would appreciate some consideration.
10 posted on 07/01/2005 1:40:14 AM PDT by carumba
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To: YCTHouston

Blah blah blah. Just get it done, GOP.


17 posted on 07/01/2005 2:00:54 AM PDT by k2blader (Was it wrong to kill Terri Shiavo? YES - 83.8%. FR Opinion Poll.)
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To: YCTHouston

The Supreme Court has re-interpretated the Constitution...These are the same people that previously ruled by re-interpretation that the Constitution is a 'living document' meaning it can be changed to fit the times...

Now that they control what the Constitution means, any law they don't like coming from Congress can and will be deemed unConstitutional...

Congress is wasting their time and millions in taxpayer money coming up with new laws to make an end run around the 'new' eminant domain ruling...

Nothing short of impeachment will have any affect...And they're too gutless to try that maneuver...


19 posted on 07/01/2005 2:43:00 AM PDT by Iscool (You mess with me, you mess with the WHOLE trailer park!!!)
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To: YCTHouston; All
-Men(ace) in Black? SCOTUS goes Rogue...--
22 posted on 07/01/2005 3:22:54 AM PDT by backhoe (-30-)
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To: YCTHouston

The folks in Freeport need to grab Mayor Jim Phillips property/properties for redevelopment.


24 posted on 07/01/2005 3:59:26 AM PDT by GatĂșn(CraigIsaMangoTreeLawyer)
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To: YCTHouston
DeLay cited the case of Freeport as an example of municipalities that plan on taking property for economic development purposes...But Freeport Mayor Jim Phillips said the bills introduced Thursday in the House and Senate would not affect the city's efforts to seize three tracts of land along the Old Brazos River from two seafood companies for an $8 million private marina.

It's intersting that the DeLay bill is carefully crafted to prevent one kind of development...but not others. If the developer is using private funds for his project then the state or municipality can use eminent domain to sieze whatever it wants.

25 posted on 07/01/2005 4:10:25 AM PDT by Non-Sequitur
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To: YCTHouston

Good post. Thanks for your post. Bump.

As a result of outrage over Kelo vs. New London, Ct., it is great to see Americans so aware of, & energized in defense of, private property rights by addressing threats, this terrible precedent (Kelo v. New London), and becoming aware of the downside of activist Judges. I have been concerned with both of these related issues for about a decade. I even had brief, separate, conversational encounters with two of the "good" Justices (Scalia & Thomas) in the Kelo case about 6 or 7 years ago re: "The Takings Clause" of the 5th Amendment designed to protect private property from arbitrary seizures, but providing for Eminent Domain for certain "public use" (NOT "public purpose") . It was clear they were anxious to see some good cases walk toward them. I doubt if they would have predicted the bizarre outcome in Kelo, though.

For those of us who are deeply concerned with protection of Private Property from improper application of Eminent Domain in contravention of the Original Intent of the Founders in the 5th Amendment's Takings Clause, I am registering a warning or a concern:

I think AG (& potential USSC Nominee) Alberto Gonzales is very weak on Private Property Rights and lacks an understanding of orignainl intent of the 5th Amendment's Takings Clause (Eminent Domain) based both upon some cases when he ws at the texas Supreme Ct. (e.g., FM Properties Operating Co. v. City of Austin, 22 S.W.3d 868 (Tex. 2000))

and, more recently and significantly, upon his NOT having joined in the Kelo case on the side of property owner. My understanding ws that he had sided with the League of Cities against Kelo while WH Counsel.

As some have frequently observed, he certainly believes in a "Living Constitution" and is NOT a strict constructionist or an Originalist, but rather tends toward the Activist side, per National Review Online and others.

He has been sharply critical of Priscilla Owen in some Texas Supreme Ct. decisions when they were both on that Ct. as Justices, and he has been quoted as being sharply criticial fo Janice Rogers Brown, including being quoted by People for the American Way in their ultra-leftist propaganda.


31 posted on 07/07/2005 12:31:02 AM PDT by FReethesheeples (Gonzales iappears to be quite WEAK on Property rights!)
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