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To: Carry_Okie
So, yes the taking by New London for a private entity was an abomination. As to whether it should fall under the purvey of the Federal government to enforce the Fifth Amendment against the states, please consider this article. I am not sure you have considered the unintended consequences of such a preference.

Incorporation is another disaster. But I was arguing it on even their [the court's] own terms. As it is I really dislike incorporation: where else can we take the bill of rights, apply magic, and get something that utterly binds the States to the will of the Federal government?

The best, and most obvious, example is the First Amendment:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The restriction is placed on Congress, not the legislature, so applying the text as-is would do nothing to the States as they don't have a congress. So in order for the First Amendment to have any impact on the States it has to be altered in some way. How does this happen? Magic!
(Or, I suppose, a judge with a hat and some magic stones could do it.)
52 posted on 08/06/2013 12:05:30 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark
But I was arguing it on even their [the court's] own terms.

Please make that clear; else you waste our time. Kelo was correctly decided. I still think you'd profit by the article, but then, I wrote it.

53 posted on 08/06/2013 12:17:21 PM PDT by Carry_Okie (Islam offers choices: convert, submit, or die.)
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