Posted on 06/23/2005 8:06:55 PM PDT by Blood of Tyrants
Everybody knows about the shot that was heard around the world as the birthing pains of this once great nation. Today, sadly, we may have heard it's death knell.
It did not come with violence or shots fired. It came with the virtual elimination of personal property rights.
Our founding fathers knew how important the ownership of property was and sought to protect the right to be secure in the ownership of property to the extent that they enshrined the guarantee that property would not be taken for public use without due process and just compensation.
For over 200 years it was understood that "public use" meant that the ownership would transfer from the private owner to the local, state, or federal government for things such as military bases, roads, schools, prisons, etc. Now, the meaning of "public use" has been altered by 5 people who were never elected to office and in all reality, are completely unaccountable to anyone, to mean privately owned condos, shopping centers, and business parks under the thin guise that those enterprises would contribute more tax money to the coffers, thus increasing the "public good"
Justice Stevens, writing for the majority said that judges should give city councils and state legislatures "broad latitude in determining what public needs justify the use of the takings power," he added. To make sure that he wasn't misunderstood he added, "The city has carefully formulated a development plan that it believes will provide appreciable benefits to the community, including, but not limited to, new jobs and increased tax revenue," and just destroyed any pretence that you have any recourse whatsoever if the government or county decides that they want your property for any reason at all.
Sandra Day O'Connor writing a scathing dissent correctly said that now rich and politically land developers and businesses could basically take your land away from you with the help from the local government. Yes, you could fight it in court, but it is now fruitless as you are guaranteed to lose in a fixed fight.
For years the people have for the most party sat quietly as the government stole more and more freedoms from us. Prior to 1914 and fool could take any drug he or she wanted and kill themselves, thus increasing the quality of the gene pool for the rest of us. Before 1918, the government had no claim to your wages and could not tax them. Prior to 1934, Sears sold machine guns from their catalog and nobody thought anything about it. Prior to the 1950's preachers could freely endorse or denigrate any political candidate they wanted, just as had been done since the very first town government was formed in this country almost 350 years prior. Since 1986 it has been illegal to manufacture and sell a machine gun to a civilian despite the fact that in the past several decades the number of people int he US murdered by a person with a machine gun has been exactly one, and the person doing the shooting was a police officer using a gun issued to the police department.
But hope is not lost however, ownership of real property does a funny thing to people. It is a spot that a person can say, "This land is MINE!" with a dedication and a fierceness that is somewhat scary. Religion and politics and abortion and the WOT all take a back seat when two neighbors are faced with having their property stolen by the government.
Maybe that bell sounding isn't the death knell but the alarm.
Maybe this will awake the sheeple to realize that the socialist have gone too far.
Maybe the bell is just signalling round two of the Revolutionary War.
Will this war be fought with bullets or ballots?
We shall see.
placemark
The libs on the Court are gobbling up every bit of our freedom while they still can. They know their numbers will soon be altered. I keep thinking it can't get any worse but it does.
Serious issues like this one can be reversed with a Constitutional Amendment (I think) - I know, everyone thinks their issue is serious. This one is - it means any developer can enrich himself at your expense. There would be some case for this if most new development was an improvement - but more strip malls etc. we don't need.
And that doesn't even touch on the payoffs that already go on at city hall to get "things approved."
Or what about this scenario: your property is confiscated and after it's torn down and the foundation for the "improvement" has been poured, the developer suddenly goes belly up - with their gambler mentality and penchant for being over-extended this happens all the time.
It isn't only that these judges are libs or don't believe in private property - they really don't understand how real life proceeds.
Sorry for the incoherence - just a collection of thoughts generated by this latest "vehicle for mischief" on the part of the what is supposed to be our most supreme court.
Once Washington was re-elected for his second term as President, the jockeying began to see who would succeed him. Jefferson and Madison started rumor campaigns, Ben Franklin's grandson took potshots in the press...It reminded me very much of what has been going on since the 2004 election.
It's worth the price of the book to read Washington's description of Massachusetts politicians, LOL!
It's not for private use, only public use.
As sort of a sidebar, doesn't anyone think that this decision may have caused the 160 point DJIA selloff today?
I don't write 'em. I just quote 'em.
The shining city on the hill just got a bit more tarnished.
Substandard hyperbole is worse than "substandard wiring".
Appraise at highest and best use.
Tbilisi is calling.
Well, the Fifth Amendment, the heart of the Bill of Rights, is completely gutted now.
The 'life' clause died with Terri Schiavo, and now this.
It would seem that the first test for all future Supreme Court nominees should be a sixth grade level reading comprehension exam!
try answering a specific question. do you have a constitutional right to convert your house in the residential area its located in, and make it a nuclear waste dump or an adult bookstore? yes or no. or can the legislature regulate that?
My apologies.
My feelings exactly.
no. is was caused by the greenspan testimony and the senators (both R and D) talking about the china trade and currency crisis and the use of tariffs.
Your statement has nothing to do with the issue at hand.
Two things need to be done from what I can see. First call your representative and demand to talk to the legislative aid and make sure you have your copy of the Constitution in your hand for quick reference. Ask what they are going to do to over turn this.
Yes Congress does have that power especially when the ruling is obviously contrary to the constititution. The land must be taken for public use with just compensation not private corporate use (the public benefit does not even come into play). It is enumerated in the Constitution for the establishment of Post Offices, Post Roads, Forts, etc.
If you don't get a plan of action I suggest that you vote with your feet and your cash! Pick a Conservative Constitutional Party and go to your elections board and register as a member of that party. Donate your political cash to that party. Cut the Republicrats off at the source! If you can't make a Revolutionary move like this then we are indeed doomed because you would rather be a slave than do what our founding fathers did. I am a member of the America First Party, check them out but if that is not your cup of tea then perhaps the Constitution Party or the Independant American Party.
The Dance of distraction in the Senate has been going on for how long????? If this was not about distraction then the job would have been done already with respect to votes on all nominees. Filibuster with respect to nominees is unconstituional. The Borders are not sealed, the trade deficit is out of this world, the budget deficit is out of this world and now they take away a government for, by and of the people by seizing our property. Whether you have your property in your hands now is irrelevant they are coming for you. How long are you going to wait? Until there is no one to help you? Are you tired of the lesser of two evils yet?
Ravenstar
Maybe you're right.
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