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Tractor Talk Discussion Forum

OT: eminent domain, a little good news for once

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Midwest redneck

06-30-2005 17:40:27




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I just read on Netzero news that the House of representives is going to get a bill pushed through to reverse the high court ruling of last week in regards to the private property ruling, I think that the Donkeys and Elephants are listening on this issue. I read this morning that a real estate developer is filing paperwork in the city of Weare NH to take (sieze) Justice Souters home and put up a Hotel called "Lost Liberty Hotel" I think this developer plans on expanding the hotel chain to include the homes of Kennedy, Ginsburg, Stevens and Breyer. It would be nice to throw these 5 out of their homes with their own ruling.

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Mark - IN.

07-01-2005 05:23:32




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 Re: OT: eminent domain, a little good news for onc in reply to Midwest redneck, 06-30-2005 17:40:27  
Don't let up on them, ride them and this thing into the ground.

And while at it, ride their backs about "No-Go" on the allowing of Social Security to be sent back (mailed) to those illegal aliens countries, thanking them for "doing those jobs" that "no one else wants to do". They're here illegally, they have no legal status, nor Social Security number/ID, they do not contribute to it, and I'll be damned if I want to use yours or my contributions to pay them, especially after they go back to thier preferred home country. That vote is set to come up in a week or so, in an effort to get the spanish political voting block.

Mark

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Joe ll

06-30-2005 20:33:22




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 Re: OT: eminent domain, a little good news for onc in reply to Midwest redneck, 06-30-2005 17:40:27  
As I understand it, Michigan had a state supreme court decision over a year ago that stopped a city government from taking a cabinet makers shop for an industrial developement. They eventualy had to build around him.
The guy faught it all alone and won.
I do not believe that the fed. can override this action by the state court. As I hear it anyway.



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Rod (NH)

06-30-2005 19:51:43




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 Re: OT: eminent domain, a little good news for onc in reply to Midwest redneck, 06-30-2005 17:40:27  
I do not believe Congress can reverse a US Supreme Court decision just by passing a law. As I see it, there are only two ways to get this decision reversed at the federal level: 1) a constitutional amendment - initiated by a vote of Congress, but taking years to ratify in the states or 2) a change in judges on the Court (plus a test case that reaches it in order to provide an opportunity for reversal). Since the ruling on the federal level is permissive by nature, the best and most immediate "fix" for this travesty is action at the state level to prohibit such activity, by state constitutional amendment if necessary. Both 1 and 2 above can and should be pursued for the longer term but the quickest way in the interim is for the states to take their own corrective action. If 2 happens maybe Justice Souter can provide the test case himself in the unlikely event that the hotel deal gets real traction :o). The hotel deal is really not the way to address the matter, although it is an interesting turn of events. The issue goes much deeper than this single decision. There have been a lot of decisions not consistent with the plain wording of the Constitution, thanks mostly to the specific justices you mention. The idealogical makeup of the Court has to change in the next three years to have any chance at all of reversing the tide of judicial "activism". The stage is set and the political battles are about to begin. Don't miss out on making your views known to your US senators regarding any nominees to the Court that the President may submit.

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Matt from CT

07-01-2005 06:08:08




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 Reply to Joe Rod... in reply to Rod (NH), 06-30-2005 19:51:43  
1) To Joe's point...

States can grant their citizens more rights than the Federal Constitution (as long in doing so they don't otherwise infringe on other rights under the Federal constitution).

So if Michigan laws/constitution say the State of Michigan or one of it's political subdivisions can't use emminent domain to take private property in this situation, they can't.

Now, if the Federal Government directly wanted to do so, they could pay for it and put the title in the name of the United States. But the City of Detroit couldn't use a federal grant to pay for taking and put the title in the name of the City of Detroit.

2) No, the Congress can't reverse a Supreme Court decision BUT...

Just because something is consitutional doesn't mandate it be done.

If the Congress and the State Legislatures tomorrow all abolished the death penalty, the death penaly still would be constitutional. Just not legal.

So Congress can take something that is currently deemed constitutional (the Kelo v. New London case), and say that no Federal Money will be used under that doctrine. Just because the Government has the power currently to take land in this way doesn't mean they *must* use it. They can pass laws saying they won't use it.

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Echo Chamber

06-30-2005 20:53:39




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 Re: OT: eminent domain, a little good news for onc in reply to Rod (NH), 06-30-2005 19:51:43  
Before we start chanting the Fox News "jusicial activism" chant, be aware that the eminent domain ruling is good for big business. If Bush gets the judges he wants, all of the rulings will benefit big business and their big contributions at the expense of the regular guy. Don't buy the BIG LIE. This is a president of big business, for big business, and by big business.



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Joe ll

07-01-2005 05:59:20




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 Re: OT: eminent domain, a little good news for onc in reply to Echo Chamber, 06-30-2005 20:53:39  
Why is that all they do is attack, with stuff that is getting very old yet. You know if there is such a thing a big business interest group they got there by at least producing something.



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Echo Chamber

07-01-2005 05:01:03




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 Re: OT: eminent domain, a little good news for onc in reply to Arthur, 07-01-2005 03:36:46  
Don't discuss. Jump straight to insults. Nice.



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IowaBoy

07-01-2005 09:27:14




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 Re: OT: eminent domain, a little good news for onc in reply to Echo Chamber, 07-01-2005 05:01:03  
Echo, you are absolutely correct. Tne insulter tries to duck the subject by throwing rocks, but doesn't seem to realize that Osama is still at large calling the shots, while Saddam (who had zip to do w/ 9/11) sits in jail awaiting his trial. "None is so blind who will not see."



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Echo Chamber

07-01-2005 20:41:41




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 Re: OT: eminent domain, a little good news for onc in reply to Hoosier JD, 07-01-2005 15:18:28  
We agree on that last point Hoosier. Love them old machines too. Sometimes it's hard not to vent a little. Kim should just delete this whole thread.



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