Skip to comments.Tonight we are no longer a free country (vanity)
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.
Mr. Donald Scott, paging Mr. Donald Scott, please pick up the white courtesy phone.
O'Connor dissented on this important issue.
"isn't not upholding the constitution ground for impeaching a justice? "
If it were, they would have been impeached for ignoring the 14th Amendment and quoting the source for their decisions was not the Constitution but the laws of OTHER NATIONS.
You must mean Round two of the Civil War. The Civil War was fought over states rights and it is possible that another could happen. Decisions like this from the court will cause people to arm themselves and protect their property.
Excellent post, BOT. I just finished reading Joseph Ellis' "His Excellency," about George Washington. It very clearly makes the point how Washington felt about personal property rights. A Supreme Court that can smash the fifth amendment, can do the same to the second.
DU Is like a car wreck, I look but I dont want to be in one! L0L
I dont have an account L0L
Some idiot from Business Week (!) was all in favor of it on today's show. But he said "No worries - the state governments will protect you from egregious government."
And there will be tremendous pressure on the RINOs to support a change tot eh filibuster rules.
I thought Ellis was a liberal. How was that book?
The thing we need to do is start a grassroots Property Rights Amendment to the Constitution. It should go something like this:
No person shall be deprived of their property by any government body federal or otherwise provided they have obtained it legally and have full ownership of said property with no leins or outstanding mortgages. The government can only exercise immenient domain where fully government fuded projects are concerned and the voters in the locality have authorized the exercise of immenient domain by vote. In such case that immenient domain is exercised, those individuals who own said property will be given fair market value for said property to be asertained by an independent asessor chosen by the owner of the property and any additional damages and expense caused by having to relocate such as in the case of a primary residence. This is just a start....but this is where we need to go. The Amendment can not have any loopholes and must take local officals out of the decison making process so the deck is not stacked and that the onus is always on the government not the owner of the property.
IMO the only reason the idiots at DU are against this is that it is a blue colar neighborhood = Democrats. If was a more upscale suburban neighborhood, they would be laughing as they would claim it was against Republicans and that was okay.
Would it be fair to call it the Imperial Federal Government? I love this country, but I think the founding fathers are rolling over in their graves.
Donald Scott owned some land abutting a national park in California. The Feds coveted his land...even had it appraised. They raided his house, and he was shot dead.
The widow ended up selling the land to the government in order to pay her legal fees.
What you said! Great post!
The next step - Construct Soylent Green factories on the expropriated land.
Either that or the Royal Federal Government, yes.
ALREADY HAD ONE IN THE CONSTITUTION, CALLED THE 5TH AMENDMENT! IT WAS JUST OVERTURNED BY FIVE SOCIALIST IN THE U.S. SUPREME COURT!
One of Mr. Jefferson's most eloquent quotes.
Also one of my favorites.
Honestly, read it. They founders wrote it as simply and as acurately as anyone could wish. We just need judges who understand that this is a limitation on the government not on the people!
Excellent post. And so much for the property values of the homes stuck as "neighbors" to the new big box mega store, strip mall, business park, condo development, etc.
1 Timothy 6:10-11 For the love of money is the root of all evil: which while some coveted after, they have erred from the faith, and pierced themselves through with many sorrows. 11 But thou, O man of God, flee these things; and follow after righteousness, godliness, faith, love, patience, meekness.
Exodus 20:17 Thou shalt not covet thy neighbour's house, thou shalt not covet thy neighbour's wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor any thing that is thy neighbour's.
Which way will the USSC rule on the public display of this witness against them?
That makes one out of the last twenty.
She's because a pseudo-lib otherwise.
. . . and hang them from the nearest tree in from of the Court with rusty barbed wire for all to see!
Me too. I think the Author of this thread may like it too?
The FBI agent (Degan) who was killed was from my neighborhood. I did not know him. The news locally made that guy into a hero because he was local, but I found the reports to be confusing.
From Waco, to Ruby Ridge, to the Elian affair, the Feds have been out of control with violating constitutional rights. I do not care for Federal agents being killed, but those who made certain bad decisions should be required to answer for them. Won't happen though. The Clintons seem to be invincible. No wonder we are all getting cynical.
In principle, it is ... it IS socialism.
In practice it is same shit, new day.
Article III: The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour.
Please contact your Congressmen an request that these 5 Idiots be removed from office.
He can start by using the Bully Pulpit, and kickin' some @ss....
EVERY SINGLE DAY THEY STALL.
To the satanic forces everything is a commodity to be bought and sold.
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 offense 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.
Like it or not, the constitution already seems to allow the taking of private property, with "just" compensation, whatever that is.
Blame the Kennedys...Anthony Kennedy and Ted Kennedy, that is. Without Anthony, this would have been 5-4 the other way around. And without Ted, Anthony never would be sitting on the SCOTUS to begin with (Robert Bork would).
"IMO the only reason the idiots at DU are against this is that it is a blue colar neighborhood = Democrats. If was a more upscale suburban neighborhood, they would be laughing as they would claim it was against Republicans and that was okay."
I scooted over to DU, and there's some real outrage over there - and I find that amusing.
One of the primary tenets of socialism/communism is "Limited or (even better) NO private property rights.
And they're shocked the Lib judges voted this way! Well, frickin' DUH!!!!
Hell, they don't even understand their own ideology.
I'm sure that our forfathers thought the samething when confronting the "red coats!"
Evil people are the dark vortexes on the Sea of Life.
What about building a wind power site off Hyannis Port?
Unfortunately, she was awakened by a government official handing her a small check and kicked her out of her house so they could build a pornography factory.
Would it not be within bounds for the President to declare that this ruling is a violation of the 5th Amendment, and therefore unconstitutional, and issue an executive order suspending the order until Congress can act in emergency session to counteract it?
And she uses a European-manufactured World Time clock to tell her what time it is in America.
I would like to see Constitutional government restored. I don't think either party is going to bring us even close to that. But if we stop generating revenue, that will make them notice. Kind of like cutting off the blood supply to the tumor.
Yes it is!!