. . . . . . . . . . . . . . . . . . . . . . . . Daily Danet Broken News Ticker  Quote of the Moment: "That young girl is one of the least benightedly unintelligent organic life forms it has been my profound lack of pleasure not to be able to avoid meeting." — Douglas Adams  Click Here for More Broken News  Smart Power: Europe and Asia feeling more alienated under Obamessiah than under Bush.  Democrat predicts that ObamaCare will bankrupt the US in four years--bonus: it's the Massachusetts Treasurer.  The mental giants who want to run healthcare and reform the financial industry, cannot even run a cafeteria.  Bob Herbert outed as a racist shill for the healthcare industry.  All style, no substance: Dems have to be trained on how to talk tough on terror.  Not only does the Earth have a fever, it also has terminal flatulence.  Change™ on a Daily Basis: Obama re-reverses course, will try Khalid "Sweetums" Mohammed in Gitmo.  Having solved all more pressing issues, MN legislature takes up the scourge of hotel porn; Harry Palmes and Yule Goblinde oppose.  Shoulder tautology: Jarrett declares that the middle of the road is wherever Obama stands.  Red on Red: Several conservatives attack those who attack those who defend those who attack us.  Click Here for More Broken News  Quote of the Moment: "Don’t hit at all, if it is honourably possible to avoid hitting; but never hit soft." — Theodore Roosevelt  Daily Danet is not suitable for bear attack.  . . . . . . . .

Broken News

Wednesday, March 17th

Smart Power: Europe and Asia feeling more alienated under Obamessiah than under Bush.
Comment


Democrat predicts that ObamaCare will bankrupt the US in four years--bonus: it's the Massachusetts Treasurer.
Comment


The mental giants who want to run healthcare and reform the financial industry, cannot even run a cafeteria.
Comment

Tuesday, March 9th

Bob Herbert outed as a racist shill for the healthcare industry.
Comment

Monday, March 8th

All style, no substance: Dems have to be trained on how to talk tough on terror.
Comment


Not only does the Earth have a fever, it also has terminal flatulence.
Comment


Change™ on a Daily Basis: Obama re-reverses course, will try Khalid Sweetums Mohammed in Gitmo.
Change™ on a Daily Basis: Obama re-reverses course, will try Khalid "Sweetums" Mohammed in Gitmo.
Comment


Having solved all more pressing issues, MN legislature takes up the scourge of hotel porn; Harry Palmes and Yule Goblinde oppose.
Comment


Shoulder tautology: Jarrett declares that the middle of the road is wherever Obama stands.
Comment


Red on Red: Several conservatives attack those who attack those who defend those who attack us.
Comment


Jesse Jackson become a self-parody: N-O-B-I-N-G-O spells racism; threatens to cut nuts off Elks lodge.
Comment


Britain cannot prevent a 22 year old from dying of thirst, but it protects vegetarians from discrimination.
Comment


22 year old hip replacement patient dies of thirst in London Hospital.
Comment

Friday, March 5th

CBO states the obvious, again: New Obama bank tax would be passed on to consumers.
Comment


Media calling anti-Bush Pentagon shooter "right wing."
Comment


Harry Reid: Today is a big day in America, only 36,000 lost their jobs today, which is really good.
Comment


Fail: Students protesting cuts to college funding misspell protest signs.
Fail: Students protesting cuts to college funding misspell protest signs.
Comment


Thousands of young conservative men to change their name to "Ezra Klein," take cooking lessons.
Comment


Blogsphere sent into a tizzy over Roberts rumor--generated by one law school hypothetical.
Comment


Rise of the violent Left: Pentagon shooter was anti-Bush, truther. Will MSM blame Air America & Rosie O'Dumbass?
Comment


Whine House tries to blame weather for abysmal jobs number; yet states need more money for snow removal.
Comment

Thursday, March 4th

FLASHBACK: Pee-t Stark talks about peeing on a constituent's leg.
Comment


Dem piss on Stark's hope of chairing Ways & Means. Piddly little thing.
Comment


Getting Personal: Price of ObamaCare vote is now a judgeship for your brother.
Comment

Wednesday, March 3rd

Obama seeks to push healthcare to final vote | Reuters
Empty suits: Obama again uses lab coats and doctors as props for ObamaCare.
Comment


Fake but Accurate: New Global Warming™ hockey stick unveiled.
Fake but Accurate: New Global Warming™ hockey stick unveiled. -
Comment


Ya gotta know when to Foley 'em: Dem congressman allegedly fondled male staffer.
Comment


You don't know where that cigar has been! Dave Letterman compared to Clinton by ex-producer.
Comment

Property Rights and Protection Thereof

Thursday, June 30, 2005
By Dan

So the Supreme Court of the United States, or at least 5 severely misguided members of the Court, have decided that a land owners’ property rights are subject to forfeiture if the government can argue that a private developer could provide better tax revenue.

The principle of eminent domain is as old as the idea of property rights: what the king giveth, the king may taketh away. In certain respects, this ruling is a return to the Magna Carta, which provided that any land granted to a person would revert back to the grantor if such person made destruction or waste of the land. In other words, the king granteth, the peasant screwith upith and the king reclaimith. Of course, many things have changed since 1297. For one thing, we do not live under a king. For another, we have a Constitution that governs our laws and, at least in my version, there is no mention of any higher law.

There are, however, enumerated rights. Perhaps the Justices are too consumed with the narrow issues that fall to them and are in need of a refresher course in the broader points of constitutional law. Here is my humble attempt:

Having just come through a nasty war with a tyranical bastard (and being endowed with foresight beyond that of ordinary men), our founding fathers knew that all governments, given enough time, become their own special breed of tyranical bastard. (To wit, Kelo v. New London). Therefore, the founders determined that it was necessary to provide the states and their citizens with safegaurds against the abuse of what was supposed to be limited federal power. (This idea is known as “federalism”).

The Bill of Rights, although a series of amendments to the Constitution, are an integral part of the balance struck between the fledgling republic and its constituent states and their citizenry. (The idea that governments are a social contract among men comes from John Locke. You may want to read some of his work.) The order of the Bill of Rights is not accidental:

  1. Freedom of Expression, Religion and the Press
  2. Right to Bear Arms
  3. No Quartering of Soldiers during peacetime
  4. Unreasonable Search and Seizure Prohibited
  5. Right to Due Process and to Avoid Self-Incrimination
  6. Right to a Speedy and Fair Trial
  7. Right to a Jury
  8. No Excessive Bail or Cruel and Unusual Punishment
  9. These rights aren’t a complete list.
  10. The States have all residual powers not granted to the federal government or prohibited by the Consititution.

It is the first five that are particularly compelling in this case. First, the freedom of expression. It is because of this right that I can write this item and say what I’m about to say about the Second Amendment. The right to bear arms–by far the most important right. So important, I will cut and paste it in its entirety:

A well regulated Militia, being necessary to the security of a free State,
the right of the people to keep and bear Arms, shall not be infringed.

Now, some legal scholars (I’m being generous here), tend to read the word “people” in the third clause to be the “Militia” referred to in the first. This is nonsense. The founders knew that their fledgling country would need a Militia to hold itself together. They also knew that power corrupts, even when placed in the most benevolent hands. The first two clauses merely state the premise, “Yes, we know that there will be a Militia and we agree it is necessary for our security.” The third clause, however, that’s the payoff: “But don’t screw with us, or we’ll do to you what we did to King George.” The whole premise of the Second Amendment is that the possibility of violdent overthrow of the government is a necessary restraint on government power. Therefore, the government shall not be allowed to restrict the right of the citizens to load up and, if it comes to it, fight off the militia and institute a new government.

If we speak out, if we peacably assemble, if we demonstrate and you still don’t listen, we have the right to secure our own freedom and safety. To put it another way, if our First Amendment Rights are ineffective, our Second Amendment Rights will be exercised. Thus, the Third Amendment. This one is not litigated very often, but it puts the other rights in context. What we’re talking about here is the Army putting a platoon in your house. Draconian thought, but that is the frame of reference the founders had.

The Fourth and Fifth Amendments are essentially the crystalization of property rights. The Fourth Amendment says that the government cannot conduct unreasonable searches and seizures. In other words, they cannot arrest you, search your person or your things without a reasonable basis for doing so. The Fifth Amendment says that they cannot take your life, liberty or property without due process of law, and–this is the critical point for Kelo–if the government exercises its common law power of eminent domain, it must (1) do so only for a public use and (2) must pay just compensation.

What is the meaning of the Kelo case then? Essentially it has two elements: (1) “public use” can be read so broadly as to include the sale of someone’s home to a private developer on the premise that the development will provide additional taxes, and that those taxes will be used for the public (don’t vomit yet, there’s more) and (2) that “just compensation” is just a throw away phrase. You see, “just compensation” should mean the price at which two private parties would enter into a purchase and sale agreement for the property. Obviously Ms. Kelo is not receiving just compensation, otherwise the developer would not have had to call in political favors from the fat retards that run New London.

So here’s what 5 allegedly educated judges have wrought: Private developers need only to provide a plan to increase the fat retards’ tax base in order to take a person’s home. A government is nothing more than a social contract among men. That contract creates positions and roles to be filled by men. When those men overstep their bounds, when the breach the social contract, the people have a right to overthrow the government. These 5 justices have put forth a rule of law that says “Your home will only stand so long as we allow it.” This is not the American way. This is not the rule of law, it is the rule of commerce. Perhaps the justices should read the Second Amendment more carefully.

BTW, there’s a wonderful idea for Justice Souter’s home: http://www.freestarmedia.com/hotellostliberty2.html. Let’s hope the “Live Free or Die” politicians of Weare, NH see the poetic justice and approve the plan.

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