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To: Dog Gone
In Kelo, they argued that Fifth Amendment "public use" takings also applies to public "good" that increased taxes brings. I don't recall, but did the Supreme Court discuss the Fourth Amendment protection to be secure in one's home as a counter to governemnt takings?

-PJ

157 posted on 01/15/2006 3:47:05 PM PST by Political Junkie Too (It's still not safe to vote Democrat.)
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To: Political Junkie Too
I don't recall, but I doubt it. Fairly construed, the Fourth has nothing to do with takings or due process.

But not much is really evaluated fairly in the Constitution. It's quite common for a clause, or even a few words within a sentence, to be grabbed as a justification for a particular court outcome.

That's still preferable, though, to making up imaginary words and rights.

166 posted on 01/15/2006 4:06:00 PM PST by Dog Gone
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