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Tonight we are no longer a free country (vanity)
6/23/05 | Self

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.

TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events; Your Opinion/Questions
KEYWORDS: court; crime; domain; eminent; kelo; landgrab; property; rights; supreme
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To: Blood of Tyrants


201 posted on 06/23/2005 10:31:47 PM PDT by Maigrey (TC, Kick that cancer in the @$$ - Texas Termite (shame on you with such language!))
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To: oceanview
"there is nothing in the constitution giving you the right "

That is where your paradigm is wrong !

The Constitution (the Bill of Rights, actually)does not grant me rights. It prohibits the government from violating several specific rights that I was born with. It does not imply that those rights are the only ones I have.

Socialists and other government firsters have perverted our Constitution and Bill of Rights.

The Bill of Rights places limits on the government, not on We, the People.

You seem to see it backwards, as do liberals and government lovers.
202 posted on 06/23/2005 10:33:04 PM PDT by Tobor
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To: Domestic Church

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.

203 posted on 06/23/2005 10:36:51 PM PDT by Let's Roll ( "Congressmen who ... undermine the military ... should be arrested, exiled or hanged" - A. Lincoln)
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To: Sam Cree; potlatch
I thought Ellis' book, His Excellency, was excellent, and very objective. It's more scholarly-type reading than McCullough's 1776, which is written with more action. It was interesting to see how fickle the colonists were during the war. Lose a battle, they're selling their produce to the Brits. Win a battle, you're their new best friend. The war was 8 years long. After a year or two, the notorious short attention span took hold on the part of nearly everybody. (Are we there yet?) The press was a constant problem, too.

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!

204 posted on 06/23/2005 10:37:14 PM PDT by ntnychik
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To: AZLiberty
Like it or not, the constitution already seems to allow the taking of private property, with "just" compensation, whatever that is.

It's not for private use, only public use.

205 posted on 06/23/2005 10:37:40 PM PDT by nygoose
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To: Blood of Tyrants

As sort of a sidebar, doesn't anyone think that this decision may have caused the 160 point DJIA selloff today?

206 posted on 06/23/2005 10:39:57 PM PDT by nygoose
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To: nygoose
If you are going to capitalize Freepers, you should at least capitalize Americans.

I don't write 'em. I just quote 'em.

207 posted on 06/23/2005 10:42:08 PM PDT by Hank Rearden (Never allow anyone who could only get a government job attempt to tell you how to run your life.)
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To: Blood of Tyrants
It's just too bad that we can't all just save up our money and buy a one way ticket to America like our ancestors did.

The shining city on the hill just got a bit more tarnished.

208 posted on 06/23/2005 10:42:18 PM PDT by yooling (I've got a bad feeling about this.)
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To: oceanview
"you libertarians are "out there", ... so if I want to turn my home into a nuclear waste repository, its OK?

Substandard hyperbole is worse than "substandard wiring".

209 posted on 06/23/2005 10:42:56 PM PDT by spunkets
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To: RoseD

Appraise at highest and best use.

210 posted on 06/23/2005 10:45:05 PM PDT by nygoose
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To: katnip

Tbilisi is calling.

211 posted on 06/23/2005 10:45:13 PM PDT by MarMema
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To: Let's Roll
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

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!

212 posted on 06/23/2005 10:47:27 PM PDT by EternalVigilance (Nice 'til I'm not.)
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To: spunkets

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?

213 posted on 06/23/2005 10:48:24 PM PDT by oceanview
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To: Hank Rearden
I don't write 'em. I just quote 'em.

My apologies.

214 posted on 06/23/2005 10:49:06 PM PDT by nygoose
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To: EternalVigilance
The 'life' clause died with Terri Schiavo, and now this.

My feelings exactly.

215 posted on 06/23/2005 10:49:38 PM PDT by MarMema
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To: nygoose

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.

216 posted on 06/23/2005 10:49:43 PM PDT by oceanview
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To: oceanview

Your statement has nothing to do with the issue at hand.

217 posted on 06/23/2005 10:51:06 PM PDT by nygoose
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To: Blood of Tyrants

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?


218 posted on 06/23/2005 10:51:12 PM PDT by Ravenstar (Reinstitute the Constitution as the Ultimate Law of the Land)
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To: oceanview

Maybe you're right.

219 posted on 06/23/2005 10:52:04 PM PDT by nygoose
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To: Blood of Tyrants
My feeling is if we loose our freedom/civil rights I am going to be more PO'd at the uncivil, unlawful jerks who due to their actions they will have ruined the love of freedom for all of us.

Keep having absolutely no respect for others and the laws that are meant to keep civility and we will all live under one rule with no personal choices.

Ok now that I got that off my chest I will go back and read the article.
220 posted on 06/23/2005 10:52:19 PM PDT by oceanperch (Oregon Coast Rocks. Pride of the Pacific Northwest.)
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