I don't believe an EO is federal law for the purposes of Article 6, Section 2. EOs are only for the regulation of executive agencies. It's very ironic, considering the president's attitude toward border security.
Posted on 06/24/2006 3:45:58 AM PDT by MNJohnnie
WASHINGTON — President Bush declared Friday that the federal government can only seize private property for a public use such as a hospital or road.
The president signed an executive order in response to a Supreme Court decision granting local governments broad power to bulldoze people's homes to make way for private development.
It was the one-year anniversary of the controversial Supreme Court decision in a case involving New London, Conn., homeowners.
The majority opinion from the divided court limited homeowners rights, by saying that local governments could take private property for purely economic development-related projects because the motive was bringing more jobs and tax revenue to the city.
But the court also noted that states are free to pass additional protections if they see fit, and many have done so, prohibiting so-called takings for shopping malls or other private projects.
(Excerpt) Read more at foxnews.com ...
At least it would have revealed his position. Also, you apparently think Bush is so impotent as a president that his position would have no effect on policies around the states.
Or is it that so many of you just have no clue how the government of our Republic is set up to work??
I have a really good understanding. I never said anything like what you claimed.
The state where Kelo took place, Connecticut, reacted but still hasn't done anything.
This is worth a look.
The federal government is constantly seizing private property for endangered species and stopping people from developing swamps. (See the recent US v Rapanos USSC decision.)
Arguing that the government seizing private property to create government nature preserves - without compensation - is, as far as I'm concerned, a de facto imminent domain action. Using this EO to contest these thefts might be a viable strategy in a court.
And these illegal seizures absolutely affect the land prices of adjacent property owners, "advancing the economic interest of private parties," and giving these owners more value in their property.
As I said, this something worth a look.
"Bush could discover a homemade cure for cancer and people here would bitch that he's hurting their pharmaceutical stocks and is an enemy to the American business community."
Funny, yet very true. People just need to lighten up once and awhile, not all is bad, it's ok to relax and feel good every now and then.
Eyore is not a good role model.
I don't believe an EO is federal law for the purposes of Article 6, Section 2. EOs are only for the regulation of executive agencies. It's very ironic, considering the president's attitude toward border security.
Go plant some Indian bones on your property.
It will take them years to work their way through that alone...
'I think this is more political than effective.'
Apples and Oldsmobiles - it was intended to be political (GWB being a politician and all that...) and its effect is intended to be an influence on other levels of government because the federal government really only influences local pol's via funding and by persuasion.
'When was the last time the feds took land for private enterprise?'
Correct - this only limits the public uses they might otherwise apply, what it DOES do is suggest that ANY exercise of imminent domain should face a stricter test than someone's wanting a department store closer to home.
'I'm glad he did. It makes sense but again, this has no effect on the local issues.'
So am I and I think you are wrong, it just won't have any huge or immediate effect.
It's this one, believe me.
In trying to explain the concept of 'jurisdiction' to my fellow FReepers, some have even accused me of trying to overthrow the government and replace it with some 'crackpot' theory....just because I told them the Presidential Office of the United States is not an omnipotent position.
:-)
ATTENTION ATTENTION
this is on cspan right now!
I celebrate Bush's actions on this. The ruling was terrible, tyrannical, Marxist. He took a direct stand against it. Now that the Court is rearranged, perhaps it will come through again....
This is a good thing. Thank you President Bush. The problem with executive orders is that the next President can undo it. However, that would be an extremely unpopular thing to do.
Yes it is what he can do. That an appoint good judges for the last 2.5 years of his Presidency. The rest is up to us.
There is a larger issue in New London, and other municipalities, and that is their finances. New London went ahead with this seizure, because their city could not support itself. Certain properties were exempt from taxes, and this was their way to get around that.
There needs to be laws passed that remove bureacracy when it can't support itself. New London, the city, should have dissolved, and become an unincorporated section of the county if it is unable to support itself. Just my opinion.
Indians? Manhattan? What argument?
Last I checked, the whole "Manhattan Island for 24 dollars" yuck-it-up at the expense of the Indians was actually a double-edged sword. True, for the Dutch as with any European of that day who was similarly raised on the concept of personal property and ownership, this was a steal.
But to Indian culture back then which had no similar concept of ownership of land, vieing instead that they were part of the land and at most, stewards of the common earth, the idea that the White Man would give them trinkets for something that everyone "plainly and obviously" would continue using was just as laughable.
Well, they say that it is the winners who write the history books - guess that applies to common lore as well, eh?
Not the point, which is: that having 'talked the talk' on RKBA, he hasn't 'walked the walk' of doing something about the abuses of it which he inherited. In fact, it was Bush's Justice Department which argued for overruling Emerson.
Likewise, examined in detail, this latest EO is more high rhetoric that amounts to nothing. It's another cynical bit of lip service aimed at the base.
Now there’s a trip down memory lane.
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