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To: Carry_Okie

I’m not following your line of reasoning. Are you saying Kelo was decided correctly because it compelled States to pass laws on abuses of eminent domain?

What about the 5th Amendment? Was Kelo decided correctly with respect to the 5th Amendment?


13 posted on 03/13/2014 1:10:43 PM PDT by Hostage (ARTICLE V)
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To: Hostage
Are you saying Kelo was decided correctly because it compelled States to pass laws on abuses of eminent domain?

I am saying it was correctly decided because it left that decision up to the States.

What about the 5th Amendment? Was Kelo decided correctly with respect to the 5th Amendment?

Not with respect to the Constitution as designed, because its enumerated powers were to limit only what the Federal government could do, not the several States. The 14th Amendment changed all that, much to the damage of the Republic. So your question should properly have been whether the 5th Amendment should have been incorporated under the 14th Amendment by the decision (which it did not). Should you decide that enforcing the 5th Amendment against State and local government is proper, then you have little respect for the 10th Amendment and Federalism.

There are trade-offs in such preferences with which the article I linked deals. It is worth your time. I don't like writing answers to questions with which I've already dealt in depth. Please read it before asking more questions. Should be unsure about some of its positions, the thread upon which it was first posted here on FR contains an extensive discussion about it (150+ posts).

16 posted on 03/13/2014 1:21:40 PM PDT by Carry_Okie (The tree of liberty needs a rope.)
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