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Eminent Domain Abuse Circa 1897?
Journal of San Diego History ^

Posted on 07/06/2005 7:13:11 PM PDT by Halfmanhalfamazing

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To: fish hawk

That's funny. My chain of title goes back to 1492 when the locals thought they were renting a campground for a day for twelve cents but it turned out to be twelve million square miles forever. It's right there in the fine print.


21 posted on 07/07/2005 4:12:07 PM PDT by RightWhale (withdraw from the 1967 UN Outer Space Treaty)
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To: HiTech RedNeck; fish hawk

Where you're wrong, HTRN, is that I'm all for being bound by treaties--but I would never have signed the ones that were developed, and I'm not saying at all that those were supposed to be 'put to a vote.' I'm saying that just like the Panama Canal treaty isn't my treaty, neither were the Injun treaties. If you read the rest of my post, you'll catch that my point isn't that the treaty should be set aside...it's that it wouldn't have been signed in the first place. I agree that we should abide by it, if only because it's precedent setting to break treaties. But I won't accept personal responsibility for the drafting and signing of it, any more than I deserve responsibility for the Magna Carta.

But where you're right is in your comparison. Maybe a treaty signed under duress IS just like the Union's Constitution, in that those who swore to uphold and defend it under duress should be let out of that oath and allowed to go their own way. After all, fish hawk argued that he was subject to the terms of the tribal treaties only under the barrel of a gun, and should be allowed recission because there was no willing party to the contract on his side. And hey, I'm only subject to the jurisdiction of the Constitution by the force of arms that established that there is no right to secede from the Union, not the natural rights of mankind that government is only by the consent of the governed. There was no willing contract on the part of Robert E. Lee, only a gun barrel.

But if, as you say, since nobody made provision for the 'palefaces' to revote and the social contract is automatically 'renewed,' there is no ability to revolt against a bent version of that government after the social contract is signed. Thus, not only was secession in the South illegal, the whole American revolution was illegal, under your logic. After all, the contract was signed with the King, and nobody made provision for the Tories to revote.

But I stand by my point to fish hawk, which is that either you want ALL treaties signed under duress abrogated, and the Union gets dissolved, and the Puritans get checks for their property in England, and the Angles and Saxons owe the Celts some big dough, etc., etc., or you abide by all of them. You may not cherrypick from historic wrongs and be logically consistent in so doing.

As to your attempt to avoid any discussion of the points I made by playing the 'prejudice' card, osprey, I use the term Injun because it's just as I'd say the word Indian, rolls off the tongue better and is easier to type than the unwieldy PC term "native American." If you think mere words are true indicators of prejudice, you're both fools. Jesse Jackson and Al Sharpton generally speak respectfully to others these days, but they are extortionists who would steal from their own mothers if they could. I've got no disrespect for Injuns or for their ability to fight--the only reason we beat them down is that their stock wasn't disease resistant. If even a third of them had managed to fight off the plagues Europeans brought on their first visit, HTRN and I wouldn't even be glints in our great-great-great grandaddies' eyes.

But I'm a big fan of fighting wars to their finish, and you don't finish a war by leaving a bunch of pissed-off people to ferment. America keeps making that mistake. If you disagree with me on that, fine, but it doesn't make me prejudiced to state my opinion, and if you think it's appropriate to toss that word around lightly, peachy. Just don't expect that anyone will have a lot of respect for your opinion if your only response to argument is 'neener neener, you're prejudiced!'

And you don't know me from Adam, Redneck, so I suggest you take that 'a calf could buck you' bullshit right back to your virtual trailer park. I cut my first steer before you even sprouted hairs, and I bet you couldn't tell a crossfire from a cloverleaf.


22 posted on 07/07/2005 4:27:47 PM PDT by LibertarianInExile ("Property must be secured or liberty cannot exist." -- John Adams. "F that." -- SCOTUS, in Kelo.)
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To: LibertarianInExile
"Injun just rolls off the tongue better". So does the "N" word. Do you go around saying that too? I bet even if you did in private you wouldn't on F.R. So try to contain yourself on Injun too. All it takes is to slow down and enunciate a little, try it, it's not very hard and it would make a few other people feel a little better.
23 posted on 07/07/2005 4:46:31 PM PDT by fish hawk (I am only one, but I am not the only one.)
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To: TheOtherOne

Yep. History. And unfortunately for us everything that Jefferson feared about the judicial branch becoming a despotic oligarchy has come true.


24 posted on 07/07/2005 5:06:56 PM PDT by Halfmanhalfamazing (You use Linux now? No, I'm not surprised your computer actually works now. Amazing, no?)
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To: fish hawk

If you really think that "Injun" is the same as the "n" word, I bet you're a lot of fun at parties. Were I at all concerned about your feelings, I'd never have posted because your oh-so-sensitive-psyche might get hurt by words disagreeing with you. So I'm not about to give two farts in a windstorm how you FEEL, Sounds-Like-Whiny-Liberal. How proud your forebears must be to have a descendant so wussy that a single word affects his feelings.

And notwithstanding the distraction you seem compelled to maintain, I notice you haven't refuted a thing I said, only pointed fingers and screamed "prejudiced!" like a lib. Guess it's because you're so damn sensitive you must avoid logical argument and emote instead.


25 posted on 07/07/2005 5:21:48 PM PDT by LibertarianInExile ("Property must be secured or liberty cannot exist." -- John Adams. "F that." -- SCOTUS, in Kelo.)
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To: Halfmanhalfamazing

Thanks.


26 posted on 07/08/2005 7:45:01 PM PDT by FReethesheeples (Gonzales iappears to be quite WEAK on Property rights!)
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To: LibertarianInExile; fish hawk
I use the term Injun because it's just as I'd say the word Indian, rolls off the tongue better and is easier to type than the unwieldy PC term "native American."

I like what the Aussies say about the analogous situation: "Aboriginal."

27 posted on 07/08/2005 10:51:39 PM PDT by The Red Zone (Florida, the sun-shame state, and Illinois the chicken injun.)
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To: The Red Zone

So do I but Lib would probably call it "abortion". It just rolls off the tongue better. LOL


28 posted on 07/08/2005 11:11:38 PM PDT by fish hawk (I am only one, but I am not the only one.)
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To: The Red Zone

If you're using the English language to describe yourself, native American works fine for the edjamacated PC sorts, but for the masses, it sounds like any regular old American--which isn't the meaning meant at all. Aboriginal has the same flaw, since nobody will really have a clue what it means because the PC classes. And it will cause confusion between Australian and American aborigines, not to mention that I understand there is lately even some PC objection to the term aborigine down under.

I don't care if fishy is a left handed lesbian Viking. And I don't care if you call me cracker or redneck--silly names don't hurt when you can call silly names right back. But you'd damn well better have the ability to address my opinion if you want any respect from me, and the grand old osprey can't even pull that off, preferring instead to take the cheap shot of claiming prejudice just like all the other race-baiters, when he can't argue anything I've said, distracting from the issue I've raised instead of trying to demonstrate how what I've said isn't logically so. More PC isn't the solution.


29 posted on 07/09/2005 12:30:14 AM PDT by LibertarianInExile ("Property must be secured or liberty cannot exist." -- John Adams. "F that." -- SCOTUS, in Kelo.)
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