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To: Heyworth
Do you have the case?

Of course if it's really necessary. Perhaps you can enlighten me before doing so, specifically what clause of the Constitution grants the executive or military the power to seize private property without renumeration. I'll grant that the Supreme Court did hold in Kelo that private property could be seized for transfer to non-public interests, but it was still with renumeration. Additionally, the Supreme Court did hold 9-0 in ex parte Milligan that the Constitution cannot be suspended and applied at ALL times to all people including the Executive.

200 posted on 02/16/2006 1:52:29 PM PST by 4CJ (Tu ne cede malis, sed contra audentior ito, qua tua te fortuna sinet.)
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To: 4CJ
Perhaps you can enlighten me before doing so, specifically what clause of the Constitution grants the executive or military the power to seize private property without renumeration.

I can point to the opinion of Justice Marshall in Brown v. US, "That war gives to the sovereign full right to take the persons and confiscate the property of the enemy wherever found, is conceded. The mitigations of this rigid rule, which the humane and wise policy of modern times has introduced into practice, will more or less affect the exercise of this right, but cannot impair the right itself. That remains undiminished, and when the sovereign authority shall chuse to bring it into operation, the judicial department must give effect to its will. But until that will shall be expressed, no power of condemnation can exist in the Court."

That will, which Marshall requires, came from the Congress in the form of the first and second Confiscation acts.

201 posted on 02/16/2006 2:55:14 PM PST by Heyworth
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