Eminent Domain is federal from the takings clause of the fifth amendment, but it is limited to takings for public use. Kelo perverted that by equating public "use" with public "good." That was the unconstitutional act.
-PJ
Where is "public use" defined in the Constitution? If it isn't then defining it is a power reserved to the states per the 10th Amendment.
Another question I’ll ask is that after the Kelo decision over 30 states passed legislation restricting how eminent domain can be used. Would you rather the federal government was making that decision for them?
I want my language back!
Unchecked, Unlimited taxing power CAN NEVER BE "the Public Good..."
We need an additional law...
The legislature is forbidden to use ambiguous, deceptive, fraudulent and Felonious language in the title of any new Law.
e.g. The Affordable Care Act
“Mr. Rearden, the law which you are denouncing is based on the highest principle – the principle of the public good.”
“Who is the public? What does it hold as its good? There was a time when men believed that ‘the good’ was a concept to be defined by a code of moral values and that no man had the right to seek his good through the violation of the rights of another. If it is now believed that my fellow men may sacrifice me in any manner they please for the sake of whatever they deem to be their own good, if they believe that they may seize my property simply because they need it – well, so does any burglar. There is only this difference: the burglar does not ask me to sanction his act.
...
"If it were true that men could achieve their good by means of turning some men into sacrificial animals, and I were asked to immolate myself for the sake of creatures who wanted to survive at the price of my blood, if I were asked to serve the interests of society apart from, above and against my own – I would refuse. I would reject it as the most contemptible evil, I would fight it with every power I possess, I would fight the whole of mankind, if one minute were all I could last before I were murdered, I would fight in the full confidence of the justice of my battle and of a living being’s right to exist. Let there be no misunderstanding about me. If it is now the belief of my fellow men, who call themselves the public, that their good requires victims, then I say: The public good be damned, I will have no part of it!”
-- Hank Rearden, Atlas Shrugged, Ayn Rand