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Watch the sclerosis of freedom as it happens

Discussion in 'Legal' started by Boats, Jun 23, 2005.

  1. Boats

    Boats member

    It is frankly quite unusual that the Supreme Court details so concisely how it has eroded freedom in this country to serve its own elitist notions. However, the recent Kelo decision gives as detailed a portrait of the death of freedom as I have seen in a long time. To wit, from the third paragraph of the third section of the majority opinion:

    On the other hand, this is not a case in which the City is planning to open the condemned land–at least not in its entirety–to use by the general public. Nor will the private lessees of the land in any sense be required to operate like common carriers, making their services available to all comers. But although such a projected use would be sufficient to satisfy the public use requirement, this "Court long ago rejected any literal requirement that condemned property be put into use for the general public. Id., at 244. [referring to the case of Hawaii Housing Authority v. Midkiff] Indeed, while many state courts in the mid-19th century endorsed “use by the public” as the proper definition of public use, that narrow view steadily eroded over time. Not only was the “use by the public” test difficult to administer (e.g., what proportion of the public need have access to the property? at what price?), but it proved to be impractical given the diverse and always evolving needs of society. Accordingly, when this Court began applying the Fifth Amendment to the States at the close of the 19th century, it embraced the broader and more natural interpretation of public use as “public purpose.” See, e.g., Fallbrook Irrigation Dist. v. Bradley, 164 U.S. 112, 158—164 (1896). Thus, in a case upholding a mining company’s use of an aerial bucket line to transport ore over property it did not own, Justice Holmes’ opinion for the Court stressed “the inadequacy of use by the general public as a universal test.” Strickley v. Highland Boy Gold Mining Co., 200 U.S. 527, 531 (1906). We have repeatedly and consistently rejected that narrow test ever since. [FOOTNOTES DELETED]

    The true spirit of the 5th Amendment's taking clause has "eroded over time." Eroded by what force exactly?

    Public use has been transfigured into public purpose. Again, who authorized the rewrite of the Bill of Rights?

    An interpretation was straightfacedly called "broader and more natural" than what the Founders actually wrote down and ratified? Yep.

    And now, were it not absolutely clear before, your private property is now convertible to public purposes in the name of whimsically diverse and always evolving needs of society.

    Reminds me of an anecdotal tale of an African elite rationalizing kleptocracy. Explaining from his parked Mercedes paid for by the toil of his people he reputedly said, "In this country what is mine is mine and what is yours we share."

    If a First World economic power is hallmarked in part by the inviolability of private property, under the rule of law, we just demoted ourselves to the Third World. Essentially, the home owners in New London just had their property nationalized on the barest claims of necessity just as if they resided in a banana republic.

    At least in Kelo Justice Stevens is kind enough to map out just how the Second Amendment would be treated as a quaint and archaic notion, that must be reinterpreted as such, for the needs of society.
  2. Standing Wolf

    Standing Wolf Member in memoriam

    Yeah. Right. The Constitution means what we think it ought to mean today. Check back next week: it might mean something entirely different.

    How soon does the Second Amendment become "impractical, given the diverse and always evolving needs of society"?

    Twenty minutes? Half an hour at the most?
  3. joab

    joab New Member

    How utterly simplistic and naive of them.
    Now that we are better edicated we know that "Public Use" means "What's good for Big Business is good for America"
    All your property are belong to U.S.
  4. Beren

    Beren Moderator Emeritus

    I may have to raise a bottle of vodka to our dying freedoms this weekend.

    The War on Some Drugs, and the corruption, violence, and degradation of civil rights it has helped fester.

    The extension of the Commerce Clause, which now enables the federal government to reach right into your backyard and ban or control any conceivable product of your labors.

    The extension of the Taking Clause, which now enables government at all levels to take from you that which it wishes, at prices it sets.

    The effective ban against militia weapons, by requiring a tax stamp for machineguns but refusing to accept new applications.

    A national "wellness program" which reaches into the halls of every school in our country, mandating what foods may or may not be sold on their grounds.

    Direct election of U.S. Senators, thereby removing the States from having a direct hand in the crafting of federal legislation.

    Direct income tax, thus necessisitating that the federal government compile and maintain detailed financial information on every citizen, and removing the former natural pressures against runaway federal spending.

    I'm just going to sit here, listen to some Dire Straits, and wait for the Flag Burning Amendment to be ratified.

    Then, with solemn resignation, I will purchase the largest flag I can find and burn it on the steps before my local courthouse.
  5. joab

    joab New Member

    If you take it to the next available ID conviscation, I'll bring the matches.

    Long live the Peoples Republic of America

    I am truly sickened, and that's saying alot. I normally barely even pay attention
  6. P95Carry

    P95Carry Moderator Emeritus

    I feel a week (at least) of deep depression coming.

    What was that now - ''Government, by the people - for the people''. Think that's what USED to be said! :mad:
  7. 4570Rick

    4570Rick New Member

    Words fail me. :(
  8. hifi

    hifi member

    Hello National Socialism. Goodbye property rights.

    Yet so many people still think it's the second coming because Shrub is in the Whitehouse and Republicans control and House and Senate. My message to the neocons and Bush worshippers is that the world is now your oyster. The days of blaming "liberals" for everything that goes wrong is over. And congrats on your dismissal of true conservatives and constitutionalists also as "liberals" or "radicals".

    The globalists get alot more done under Republican administrations don't they? The 'right wing' is alot more complacent.
  9. Sindawe

    Sindawe New Member

    Strange how history repeats itself, is it not? Perhaps its time to renew a symbol of resistance to Tyranny....

  10. dakotasin

    dakotasin New Member

    in my first econ class, the professor made a huge point out of the idea that private property - that an individual's right to private property, is what turns the engine of the free market system: capitalism...

    i feel like i'm living in a surreal life right now - this decision absolutely 'shocks the conscience'.
  11. Fly320s

    Fly320s New Member

    Well, that about puts the cap on it...

    1. I am not allowed to control what goes into my body (drugs, alcohol, and soon fatty foods).

    2. I am not allowed to control my personal property including real estate.

    3. I am not allowed to control the goods I produce.

    4. I am not allowed to control (influence) my political representatives through freedom of speech.

    5. I am not allowed to control my children, unless the local school and government allow me to do so.

    What's left?

    Thought. Freedom of ideas, as long as I don't think out loud. :banghead:
  12. Ryder

    Ryder New Member

    Politicians for sale to the highest bidder will be crawling out of the woodwork. I predict they'll be openly advertising their services before long. Maybe since they don't need us anymore our taxes will get less? You know, those of us with anything left to tax that is.
  13. joab

    joab New Member

    Here's some scenarios for you.

    Locally there is a Vietnamese business district (Little Saigon or Vietnam Town) Back in the 80s VN immigrants bought into a small dilapidated depressed area of Orlando along Hwy 50.
    Soon the area became revitalized with VN money, a few Anglo businesses moved into the area , grocery stores that were dying were rejuvenated and the area became the cultural epicenter for the VN community and is much enjoyed by the community in general.
    CVS saw the potential of the neighbor hood and wanted to build a brand new building on the bones of the circa 1920s building that housed the businesses there.
    At that time public outcry and the very real threat of an across the board and organized boycott squashed the project.
    Today or with a bigger player such as Wal Mart the end could be very different

    On the cross street, Mills Ave, most of the businesses are owned by the Orlando Gay and Lesbian Coalition

    What if a developer approached one of our fine upstanding community leaders with a proposition that would rid the city of the Homo Blight.
    The Coalition are merely landowners and landlords investors so selling would not be against their principles.
    But if the developer could get a better price by having these very old buildings condemned as community blight he could get them on the cheap.

    These are only 2 very real potential issues that could come up here.

    Right now there is a small lower income community nestled amongst the mansions of Winter Park fighting off an ID takeover.
    There was an ID tactic tried on the Daytona Boardwalk last year, which I honestly don't know the outcome, by Wal-Mart or some such entity

    I'lll bet every one of you know of similar situations waiting to happen
  14. hifi

    hifi member

    Everything I see and hear in the world tells me that America has been dead for a long, long time. America was sold out by its politicians back in the 1840's and the final nails were pounded into the coffin in 1913 when we lost control of our money system. Everything since then has been in accordance with burying the casket one shovel full at a time. Constitutionalists have been "radicals" for over a hundred years. How could a thinking person have respect for "the law" when there are millions of them? In this society you are rewarded for conforming and using others as a stepping stool. This has to end.

    There are few American patriots left and the ones that are, are immediately dismissed as wackos. The whole world is degenerate, selfish and materialized. The socialistic countries of Europe are particularily disturbing as many of their people have been duped into somehow believing they are not party to this etherization of the human spirit, when they are some of the worst offenders of all. Selfishness and materialism is considered a virtue to the neocon gods of AM talk radio. I think it's going to take a rapture type event in order to end the slavery and restore dignity to humanity. Either that or a movement based on dignity, self-respect and individualism. A movement based upon identifying and eliminating those forces which work to drag us down to the level of serfdom.
  15. Wiley

    Wiley New Member

    Anybody know where I can get one of those Yellow Ribbon magnets with "The Constitution" printed on it?

    I'd buy three or four!!
  16. hifi

    hifi member

    I have not seen which ones you are referring to. You can probably find some on Ebay though, that would be my first stop.
  17. 308win

    308win New Member

    Why bother with futile gestures. Spend your time and energy on something meaningful. Write your Senators, Congressmen. Let your local GOP know that unless something is done your support is history; same with Dems. Write the editor. Do anything, but stickers on cars aren't it.
  18. joab

    joab New Member

    Aren't they made in China
  19. hifi

    hifi member

    Isn't everything now?
  20. Who needs a Constitution when we can have out ever vigilant and ever honest politicians watching our backs?

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