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To: AndrewC

No, we don't have to accept it and the Supreme Court told us how. Have your state legislature pass a law prohibiting the use of eminent domain for economic development purposes. Many states have now done that.


18 posted on 01/16/2006 1:27:37 PM PST by Dog Gone
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To: Dog Gone
Have your state legislature pass a law prohibiting the use of eminent domain for economic development purposes.

Let me get this straight. By default a political entity is prohibited from taking your land for public use, but can take it for private use? Get real.

19 posted on 01/16/2006 1:36:09 PM PST by AndrewC (Darwinian logic -- It is just-so if it is just-so)
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To: Dog Gone

Too bad the U.S. Supreme Court now prohibits state legislatures from passing laws that authorize capital punishment for murderers if they were minors when they committed the crime.

As for stare decisis, it binds lower federal courts and, through the Supremacy Clause, state courts as well. But this is a very recent precedent that was not well reasoned and may well change the next time the issue comes before SCOTUS, so an argument could be made that the Alabama Supremes should have distinguished the present case and have SCOTUS look at the facts of that particular case. I just hope that the Alabama Supremes' decision to overturn the death-penalty conviction is appealed to SCOTUS on a timely basis and that, if SCOTUS comes to its senses and overturns that absurd precedent that was based not on our laws and constitutional traditions but on Euroweenie theories, and that the Alabama Supremes' decision merely added a year or so to the life of that animal who should have been executed long ago.


21 posted on 01/16/2006 1:42:51 PM PST by AuH2ORepublican (http://auh2orepublican.blogspot.com/)
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To: Dog Gone
No, we don't have to accept it and the Supreme Court told us how. Have your state legislature pass a law prohibiting the use of eminent domain for economic development purposes. Many states have now done that.

That's what they told Dred Scott as well. If he wanted to be a free man he should have had his state legislature pass a law prohibiting the possession of slaves. Easy enough, huh?

22 posted on 01/16/2006 1:48:51 PM PST by FreedomCalls (It's the "Statue of Liberty," not the "Statue of Security.")
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