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John Roberts: A Supreme Property Rights Disaster In The MakingMore Kelo on the SCOTUS horizon?...
Pacific Legal Foundation, ONe Republic Journal, Acton Institute, Enter Stage Right ^ | 8/15/05 | James S. Burling

Posted on 08/19/2005 8:41:48 PM PDT by FReethesheeples

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To: FReethesheeples
aparently he also backs the national id cards and has since 1983

Roberts, as Reagan aide, backed national ID card

81 posted on 08/19/2005 11:13:36 PM PDT by freepatriot32 (Deep within every dilemma is a solution that involves explosives)
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To: RightWhale; CROSSHIGHWAYMAN

Heads up.


82 posted on 08/19/2005 11:14:25 PM PDT by FReethesheeples (Was the Narcissistic Joe Wilson a Source in "Outing" His Own Wife Valerie Plame as a "CIA Agent"?)
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To: freepatriot32

Yeah I just saw that... Thanks.


83 posted on 08/19/2005 11:15:46 PM PDT by FReethesheeples (Was the Narcissistic Joe Wilson a Source in "Outing" His Own Wife Valerie Plame as a "CIA Agent"?)
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To: Ol' Sparky

Heads up!


84 posted on 08/19/2005 11:18:44 PM PDT by FReethesheeples (Was the Narcissistic Joe Wilson a Source in "Outing" His Own Wife Valerie Plame as a "CIA Agent"?)
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To: elbucko; sourcery

Thanks again for both of your comments.


85 posted on 08/19/2005 11:19:28 PM PDT by FReethesheeples (Was the Narcissistic Joe Wilson a Source in "Outing" His Own Wife Valerie Plame as a "CIA Agent"?)
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To: The Ghost of FReepers Past


86 posted on 08/19/2005 11:23:09 PM PDT by FReethesheeples (Was the Narcissistic Joe Wilson a Source in "Outing" His Own Wife Valerie Plame as a "CIA Agent"?)
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To: The Ghost of FReepers Past

heads up


87 posted on 08/19/2005 11:23:41 PM PDT by FReethesheeples (Was the Narcissistic Joe Wilson a Source in "Outing" His Own Wife Valerie Plame as a "CIA Agent"?)
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To: FReethesheeples
It is obvious from even this biased account of the Lake Tahoe case that it concerns zoning, not taking. This is NOT the equivalent of the reprehensible Kelo case. And it does NOT show that Judge Roberts has gone over to the dark side.

In the words of Mark Twain, "Do not get drunk on the smell of somebody else's cork."

John / Billybob

88 posted on 08/19/2005 11:24:46 PM PDT by Congressman Billybob (Will President Bush's SECOND appointment obey the Constitution? I give 95-5 odds on yes.)
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To: adam_az

See my post earlier in this thread. In short, this is a tempest in a teapot.

J / BB


89 posted on 08/19/2005 11:26:38 PM PDT by Congressman Billybob (Will President Bush's SECOND appointment obey the Constitution? I give 95-5 odds on yes.)
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To: zendari
I trust Bush on judicial appointees and I trust john roberts.

No offense, but why would you? Bush doesn't care anything about property rights or he would have come out strongly against the decision and advocated an amendment. For some reason the only thing that matters enough to push for an amendment is flag burning and gay marriage.

Remember, republicans have appointed 7 of the 9 current justices. We can't blame Clinton or the democrats for what the SCOTUS has become.

As long as abortion is such a hot button issue, we will continue getting this crackpot justices.

90 posted on 08/19/2005 11:55:26 PM PDT by JeffAtlanta
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To: zendari
I'm not going to jump on this quite yet. 50000+ pages of work and you are bound to find a few that you disagree with.

You do realize that this is kind of a big issue right?

91 posted on 08/19/2005 11:59:24 PM PDT by JeffAtlanta
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To: freepatriot32

BTTT!!!!!!!


92 posted on 08/20/2005 3:07:20 AM PDT by E.G.C.
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To: FReethesheeples

"Just compensation" is based on the notion of the social compact. A compact is when parties surrender the exact same things in exchange for the exact same benefit. The bargain must always be in equilibrium. Under the compact, a man's "estate must be made whole" for any loss due to a taking for the benefit of the whole in order to maintain equilibrium.

Declaration of the Convention of Delegates from the towns of Lynn, Salem, Danvers, Wenham, Manchester, Gloucester, Ipswich, Newbury-Port, Salidsbury, Methuen, Boxford and Topsfield held at Ipswich in the County of Essex reacting to the proposed 1778 Massachusetts constitution. - Essex Result, 1778 (excerpts.)

"When men form themselves into society, and erect a body politic or State, they are to be considered as one moral whole, which is in the possession of the supreme power of the State. This supreme power is composed of the powers of each individual collected together, and voluntarily parted with by him. No individual, in this case, parts with unalienable rights, the supreme power therefore cannot controul them. Each individual also surrenders the power of controuling his natural alienable rights, only when the good of the whole requires it. The supreme power therefore can do nothing but what is for the good of the whole; and when it goes beyond this line, it is a power usurped. If the individual receives an equivalent for the right of controul he has parted with, the surrender of that right is valid; if he receives no equivalent, the surrender is void, and the supreme power as it respects him is an usurper...."

"It has been observed, that each individual parts with the power of controuling his natural alienable rights, only when the good of the whole requires it; he therefore has remaining, after entering into political society, all his unalienable natural rights, and a part also of his alienable natural rights, provided the good of the whole does not require the sacrifice of them. Over the class of unalienable rights the supreme power hath no controul, and they ought to be clearly defined and ascertained in a Bill of Rights, previous to the ratification of any constitution. The bill of rights should also contain the equivalent every man receives, as a consideration for the rights he has surrendered. This equivalent consists principally in the security of his person and property, and is also unassailable by the supreme power; for if the equivalent is taken back, those natural rights which were parted with to purchase it, return to the original proprietor, as nothing more is true, than that allegiance and protection are reciprocal."


93 posted on 08/20/2005 3:44:33 AM PDT by marsh2
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To: FBD

bookmark:
http://www.pacificlegal.org/view_Commentaries.asp?iID=169&sTitle=John+Roberts%3A+A+Supreme+Property+Rights+Disaster+in+the+Making


94 posted on 08/20/2005 4:12:24 AM PDT by FBD ("...the border is a dangerous place..."~DHS Sec. Michael Chertoff House Testimony)
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To: Congressman Billybob; XJarhead
More disturbingly, Robert’s representation of the agency is entirely consistent with the statist philosophy he expressed in a 1978 Harvard Law Review article on land use law. He argued against clear rules that would put boundaries on government power over property in favor of essentially the same government-friendly “balancing test” that he advocated for in the Lake Tahoe case.

He wrote this article while he was still a law student!! Are we going to hold what people write as ignorant yoots over their heads as well? Unbelievable!

95 posted on 08/20/2005 4:25:54 AM PDT by You Dirty Rats (Forget Cindy; The Problem Is The Left and MSM Who Use Her to Attack Bush AND Our Troops!!)
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To: You Dirty Rats
Are we going to hold what people write as ignorant yoots over their heads as well?

Well, the stuff Hillary wrote as an ignorant yoot certainly seems to define what she is now.

96 posted on 08/20/2005 5:21:24 AM PDT by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: Congressman Billybob
In short, this is a tempest in a teapot.

The activities of feminists over abortion laws in the states was a teapot tempest in the '60s.

97 posted on 08/20/2005 5:26:21 AM PDT by William Terrell (Individuals can exist without government but government can't exist without individuals.)
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To: Leo Carpathian

""Mark Levine for SCOTUS!!!""

interesting you say that cuz Mark Levin supports John Roberts


98 posted on 08/20/2005 5:30:11 AM PDT by atlanta67
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To: HKMk23

""The odor of justice Souter wafts faintly on the breeze...""


you obviously havent been paying attention to what is in the Reagan era documents


99 posted on 08/20/2005 5:30:55 AM PDT by atlanta67
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To: Torie
Knowing something about Lake Tahoe, the problem was it was being slowly turned from a pristine lake into a cesspool from too rapid development without adequate sewage infrastruture.

Thanks, I am sure there is a lot of missing details from this analysis. Telling us a story about a bunch of poor old lady land investors doesn't quite paint the whole picture. I just don't believe this story is a very accurate portrait of what Roberts argued or believes and would not jump hastily to any conclusions.

100 posted on 08/20/2005 5:33:43 AM PDT by Always Right
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