Kelo v. New London (user search)
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  Kelo v. New London (search mode)
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Author Topic: Kelo v. New London  (Read 2555 times)
A18
Atlas Star
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Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« on: September 17, 2005, 09:35:39 AM »
« edited: September 17, 2005, 10:10:35 AM by A18 »

Only public use is mentioned because the Bill of Rights originally applied only to the fed. The Congress had power to seize private property only through the necessary and proper clause, and for carrying into execution one of its enumerated powers. Because of the nature of these powers, Congress could take private property only for public use.

State powers are more general. It is not logical to apply the enumerated powers test against the states, so that part of the amendment should merely be omitted. "Nor shall private property be taken ... without just compensation."
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A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #1 on: October 11, 2005, 06:01:24 PM »

Anyone fluent in the English language can tell that the amendment does not so much as restrict the taking of private property for anything but public use, much less prohibit it.
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A18
Atlas Star
*****
Posts: 23,794
Political Matrix
E: 9.23, S: -6.35

« Reply #2 on: October 11, 2005, 07:01:01 PM »

It is implicit with regard to the federal government.

But what's relevant here is the Fourteenth Amendment's Privileges or Immunities Clause. You have to leave out the federal elements.
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