To: DaveTesla
A nice token gesture. It's good policy for the Federal Government, and will make any future President who revokes it look bad. But overall I agree with others who say that the abuse is at the state and local level, and Congress should pass a law preventing it immediately.
To: monkeyshine
How can congress pass a law circumventing the constitution?
The courts will only nullify it as unconstitutional.
There are only two solutions.
1. The states have to pass their own laws (some have).
2. The Kelo case must be reheard (USSC)and a new ruling
made (doubt it) or a new case must be heard and used to set
precedence.
What the president has done by executive order is clarify to
the Federal Government the statutory definition of public
uses
Remember were talking about the interpretation of the Constitution here.
The Fifth Amendment reads nor shall private property be
taken for public use, without just compensation.
226 posted on
06/24/2006 2:16:19 AM PDT by
DaveTesla
(You can fool some of the people some of the time......)
To: monkeyshine
"Congress should pass a law preventing it immediately."
IMHO this is a job for a Constitutional amendment. Something along the lines of "The exercise of Eminent Domain shall only be for the construction or creation of publicly owned works or recreational areas. In no wise shall any property taken by the power of any government, state, federal or local be subsequently given, leased or resold to any private concern ".
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