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To: thinktwice
Stretching the "purfuit of happineff" to cover private property pertaining to real estate is murky. The controlling Amendments are the 4th and 5th, and the other basis is the 8th Commandment of Mosaic Law. All implied, nothing explicit.

Take such a murky concept and further subdivide it into public property and private property, and there is the second degree of murkiness -- murkiness to a murky power.

This is the absolute source of debate in the world and such poor definition cannot lead anywhere than continued chaos in law and in government. Civilizations rise and fall because of this, and always will.

29 posted on 08/05/2002 9:32:17 AM PDT by RightWhale
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To: RightWhale
Dr. John C Eastman traced some of that issue in May and that Constitutional legal scholar says:
In one of the most famous Federalist papers, Federalist 10, James Madison wrote that the first object of government was the protection of the diversity of the faculties of men, from which the rights of property originate. The right to acquire and protect property was considered to be one of the fundamental, inalienable natural rights of mankind, and it is recognized as such in most of the original state constitutions and nearly all of the subsequent state constitutions. Pennsylvania's Constitution of 1776 is fairly typical, recognizing "That all men are born equally free and independent, and have certain natural, inherent, and inalienable rights, amongst which are, the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety."
In other words, the Pursuit of Happiness issue is only murky in the Delaration...it wasn't murky to the founders. It was clearly a settled matter.
31 posted on 08/05/2002 10:05:54 AM PDT by KC Burke
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