Originally posted by ALightinDarkness
Eminent domain requires that property be taken for the public use where the government must demonstrate a compelling government purpose
for the land which could not be used in any other way. Its a extremely high bar of proof, which is why there are so many cases over it - the
government usually loses them. In the event that the government can demonstrate a compelling government purpose and public use for the land, then they
must still pay the property owner fair market value.
This is true...But in the
Constitution, the government's
purposes for acquiring the land
are expressly limited:
Article 1, Section 8, Clause 17:
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular
States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places
purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards,
and other needful Buildings;
But also (besides the bolded text) notice that such acquisitions
must be Lawfully purchased
and approved by both Congress & the State in
which the land in question is located.
But when you look at Bush's "self-declared authority" to name any individual citizen as an "enemy combatant" as he alone sees fit, he can skirt
around Amendments 4 & 5 that requires the Due Process of Law to confiscate any land, even if such confiscation does not include the Lawfully-reserved
purpose for the land. This is merely a modern-day example of how Bush can violate the limits on Executive Authority by usurping Congressional
Powers & Judicial Powers through the use of his "Signing Statements." Remember that
Lawful land-acquisition
must be approved by
Congress (The quoted Constitutional Clause is organized under the Powers of Congress) & therefore it should be Congress who decides the purpose for
the land, even including the interpretation of "needful" buildings...Not "Bush the Decider," who also happens to be the Commander in Chief of the
military. Rule by Tyranny, instead of Rule by Law.
Originally posted by jackinthebox
I saw nothing specifying "of their own accord." Nor did I see anything specifying that the President had any power other than to compel Congress to
convene. There is nothing that says he has the power to override the required quorum. If that were the case, then as I said earlier, he could have
simply told a single member, or even two members of each house to convene and hash out new laws.
In the scholarship of the Constitution & the general "rule of thumb" posed by those very same people who
established & ratified the
Constitution, was that "The inclusion of one also presumes the
exclusion of others." Simply put, if any Power was Granted to any Branch, then
it was also assigned with specific limitations to that Power. Also, if any certain Power was
not specifically delegated, then no Branch could
exercise the Power at all...Whereby, we come to the 10th Amendment:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or
to the people.
...So any Power
not specifically delegated to the Federal Government is a Power they
are not allowed to use. Yet, the defined context of
the 10th Amendment specifies that the States & the People would have more authority than the Federal Government
in any Power not granted
specifically to the Federal Government!
Originally posted by ALightinDarkness
If no one acts or believes that this "conspiracy" occurred, and everyone acts as if the constitution and liberty and sovereignty is in full effect,
how exactly would this change anything? What would be the the material difference in how we live our lives today? How would anything be
different? Give an example.
How much more "material difference" would you have in your personal possession if not for the illegality of the Federal Reserve Bank being
established?
