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The Decline and Fall of the Right to Property: Government as Universal Landlord (Gov't Power Grab)
The Heritage Foundation ^
| October 19, 2007
| Edward J Erler, Ph.D.
Posted on 10/22/2007 10:35:32 AM PDT by khnyny
click here to read article
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This a rather long, but extremely informative and (imho) excellent article.
Another excerpt:
Kelo in the Court of Public Opinion
Kelo represents the reductio ad absurdum of the Supreme Court's takings clause jurisprudence. As such, it represents the Supreme Court's indifference to protecting the right of private property, which is indicative of the contempt for property rights in much of contemporary America. The Court's opinion translated the right to private property into a doctrine of public trust. The right to property must now be considered only a conditional right; property is held on the condition that no one else can use the property in a manner that better serves a public purpose. In some very important sense the right to private property has actually been abolished.
1
posted on
10/22/2007 10:35:35 AM PDT
by
khnyny
To: khnyny
Some of use are familiar with the second-class status of property rights in American jurisprudence. Several years ago a law student wrote
a terrific article that traced the rise and fall of property rights in first the English common and then American constitutional law.
2
posted on
10/22/2007 10:44:51 AM PDT
by
untenured
To: khnyny
Civil Rights trump individual rights, undermining freedom.
Those who invoke Civil Rights are evil.
3
posted on
10/22/2007 10:47:55 AM PDT
by
Mark was here
(Hard work never killed anyone, but why take the chance?)
To: untenured
Thanks for the link.
IMHO, that’s why the election in ‘08 is imperative - SCOTUS. It’s all about SCOTUS.
The Fifth Amendment was trashed with the Kelo vs. New London decision, thanks to the liberal members of our Supreme Court.
4
posted on
10/22/2007 10:49:22 AM PDT
by
khnyny
(Although prepared for martyrdom, I preferred that it be postponed. Winston Churchill)
To: khnyny
Garbage. There is no explicit Constitutional right of private property. Amend IV and V imply it exists, and the Eighth Commandment, but private property exists at the permission of the Public. The XIVth Amend extends the possibility of private property to Corporations, also by implication. All of it exists through case law. The next question should be who or what is the Public. Hint: it isn’t you or me.
5
posted on
10/22/2007 10:49:51 AM PDT
by
RightWhale
(50 years later we're still sitting on the ground)
To: Gabz; SheLion; Madame Dufarge; metesky; mysterio; RandallFlagg
6
posted on
10/22/2007 10:51:58 AM PDT
by
The Ghost of Rudy McRomney
("Vote Hillary - the unanimous choice of vacuous Liberal newsreaders!")
To: khnyny
We are all suckers. We don’t own anything. The government owns your property. Don’t pay your property taxes and see how much you own. The government has the power to take everything you have if they should so desire.
Pretty scary when you think about it.
To: khnyny
There is no property ownership in America.
8
posted on
10/22/2007 10:55:19 AM PDT
by
mysterio
To: RightWhale
There’s no explicit Constitutional right to food. Is it your opinion that the federal government has the right to regulate your intake?
To: khnyny
Heck, most of us are property renters in actuality. We rent from the government by paying property taxes. Don’t pay your property taxes and before you know it, you are evicted from land you thought was yours.
10
posted on
10/22/2007 11:01:28 AM PDT
by
3catsanadog
(Vote for the person at the primaries; vote for the party at the election.)
To: Sgt_Schultze; RightWhale
Food and Drug Administration.
11
posted on
10/22/2007 11:01:41 AM PDT
by
truthluva
("Character is doing the right thing even when no one is looking" - JC Watts)
To: truthluva
So the FDA can prevent you from eating?
We're screwed.
To: Sgt_Schultze
They can control what I eat if they choose to do just that.
13
posted on
10/22/2007 11:09:50 AM PDT
by
truthluva
("Character is doing the right thing even when no one is looking" - JC Watts)
To: khnyny
14
posted on
10/22/2007 11:10:15 AM PDT
by
freekitty
((May the eagles long fly our beautiful and free American sky.))
To: lone star annie
15
posted on
10/22/2007 11:13:32 AM PDT
by
VxH
(One if by Land, Two if by Sea, and Three if by Wire Transfer)
To: truthluva
Can they prevent you from eating - food?
To: Sgt_Schultze
[Can they prevent you from eating - food?]
Can they mandate what is and is not defined as food?
17
posted on
10/22/2007 11:20:33 AM PDT
by
VxH
(One if by Land, Two if by Sea, and Three if by Wire Transfer)
To: RightWhale
Garbage. There is no explicit Constitutional right of private property.
Actually, you have no rights at all if you are not prepared to shoot it out with police when they are trampled.
private property exists at the permission of the Public.
So does, say, the "right" to vote only exist by permission. Ask any Black who lived under Jim Crow. We all are sharecroppers for the elites now.
18
posted on
10/22/2007 11:23:57 AM PDT
by
UnbelievingScumOnTheOtherSide
(Give Them Liberty Or Give Them Death! - IT'S ISLAM, STUPID! - Islam Delenda Est! - Rumble thee forth)
To: VxH
Don't know. Does the definition of food require digestibility? If not, one could eat nuts and bolts. Would that allow the FDA to regulate construction?
To: khnyny
As the country moves closer and closer to communism, private property fades away. The process is gradual, so few people notice.
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