June 24, 2005
Property rights are too fundamental to the concept of Liberty to allow them to be diminished at the hands of a mere five people. But since the court can can define “public use” any way five concurring justices would like, we're stuck with their expansive definition unless we can enact our own.
So my proposal is this. An amendment to the Constitution limiting the taking power of government by expressly limiting the scope of “public use” to actual public use. This is where I need your help. Below is my draft of the amendment. I request your comments and input to help refine the language.
Once the amendment is finalized It will take all of us, and all of our readers and all of their readers and all off theirs, and their friends too, to start it on its way to ratification.
The right to property is the cornerstone of liberty. The Fifth Amendment to this Constitution states that property shall not be taken for public use without just compensation. To further protect the right to property, public use shall be limited to property that shall be entirely owned, maintained and operated by government for the direct use of the public.
Zendo Deb is taking a more detailed approach that is definately worth a look.
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Posted by: Stephen Macklin at 02:40 PM | Comments (4) | Add Comment
And it should probably have to stay in government hands for a minimum of 99 years.
Since the court seems to be operating in the mode "whatever these 5 people want to do is the law," we need to make it so that they have no room to wiggle.
Posted by: Zendo Deb at June 24, 2005 04:51 PM (S417T)
Posted by: Justin at June 24, 2005 06:16 PM (tFwvo)
The right to ownership of one's property being the cornerstone of liberty, the Fifth Amendment to this Constitution's statement that property shall not be taken for public use without just compensation shall be narrowly construed.
To protect the Right to property, the "public use" standard shall be limited to property that shall be entirely owned, maintained and operated by government for the free use by the People.
Posted by: Tuning Spork at June 24, 2005 07:09 PM (kptCS)
Posted by: Tuning Spork at June 24, 2005 07:12 PM (kptCS)
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