A Sane and Moral Choice for Prez

[Ben Kenobi]

Personally I thought the atomic radiation bunkers was a cute touch.

[Ben Kenobi]

I didn't define eminent domain. I gave my opinion on how market prices should (not necessarily do) interact with eminent domain.

According to the constitution, private property can only be bought by the government, if and only if, the government pays full market price for the land.

In any case, Kelo isn't about market price, it's about whether eminent domain can transfer from one private owner to another private owner. And the Supreme Court ruled on that. Their ruling isn't "unconstitutional".

Insofar as Kelo permits purchases without paying market value, yes, Kelo is unconstitutional. As is the whole, "public use only" thingy that the actual constitution has... Kelo is a mess, just because the Supreme court said it was so makes it no more constitutional than Dred Scott.

[Aeson]

Finally an assertion.

It was an obvious implication from my previous statement, "It's even addressed (implicitly allowed under restrictions) in the original Bill of Rights."

I just wanted to let you fumble around and show off how you are too stupid to be able to read and understand the Bill of Rights.

[Ben Kenobi]

"It's even addressed (implicitly allowed under restrictions) in the original Bill of Rights."

That is an assertion. An actual thesis would cite the relevant portions of the Bill of Rights.

let you fumble around

I'm not doing your work for you. Either make your case or not.

[Aeson]

According to the constitution, private property can only be bought by the government, if and only if, the government pays full market price for the land.

It says "just compensation". If you are using "market price" in a way that is "just compensation" then fine.

Insofar as Kelo permits purchases without paying market value, yes, Kelo is unconstitutional.

Kelo wasn't about price. And Kelo is largely irrelevant now since many States changed their eminent domain laws in response, as well as Bush issuing a decree.

Just another strawman on your part...

[Aeson]

I'm not doing your work for you. Either make your case or not.

It's more fun to get you to show your ignorance first, then slam the door on you.

[Ben Kenobi]

Kelo wasn't about price. And Kelo is largely irrelevant now since many States changed their eminent domain laws in response, as well as Bush issuing a decree.

If Kelo is irrelevant, why are you arguing that it's constitutional?

[Ben Kenobi]

then slam the door on you.

I'm not the one arguing that tax cuts are the equivalent of global thermonuclear war.

[Aeson]

If Kelo is irrelevant, why are you arguing that it's constitutional?

You said it was unconstitutional. I am pointing out that you are wrong.

[Ben Kenobi]

You said it was unconstitutional. I am pointing out that you are wrong.

I wouldn't have taken you as one who believes that Dred Scott is constitutional law. Just because 9 justices said so doesn't make it constitutional.

I thought you believed that the constitution was a living tree, not tablet brought down by Moses.

[Aeson]

I'm not the one arguing that tax cuts are the equivalent of global thermonuclear war.

Actually you are ... it's your strawman you've conjured to distract from the fact that you are obviously wrong about everything.

You are wrong that Kelo was about price.
You are wrong about when eminent domain was first used in the US.
You are wrong about the Supreme Court's ruling being unconstitutional.

... and various other things of course

[Aeson]

Just because 9 justices said so doesn't make it constitutional.

Actually it does.

I wouldn't have taken you for an originalist who believes that Dred Scott was constitutional law.

I am not someone who thinks the Constitution is infallible. Constitutionality does not necessarily mean it is morally/ethically right.

[Ben Kenobi]

Actually you are ... it's your strawman you've conjured to distract from the fact that you are obviously wrong about everything.

Personally I found the whole sequence rather enlightening into your thought processes. First welfare gets cut and soon enough we're in apocalyptic anarchy thanks to the ferocious scourge of the Fountainhead.

You are wrong about the Supreme Court's ruling being unconstitutional.

You've agreed with me that the constitution requires that private property can only be acquired at fair market prices and by public institutions only, both of which Kelo contradicts. Ergo Kelo is unconstitutional because it doesn't follow what the constitution actually says.

[Ben Kenobi]

Actually it does.

Then no supreme court decision can ever be overturned, which includes Dred Scott. I would suggest adopting the more robust judicial philosophy of originalism which states that laws are bound by the actual written text of the constitution, not the whims of 9 justices.

[MichaeltheGreat]

Uh, no it didn't.
I checked. I don't see the words "eminent domain" anywhere in the constitution. I do however, see a right to own property.

You didn't check very well, unless you're just playing your usual obtuse and childish word games. If you're really this incompetent and devoid of intellectual capacity, you have no business teaching. The words need not appear for the simple reason that the Constitution, oddly enough, was not intended as a comprehensive restatement of western common law predating the Romans.

The first SCOTUS case involving federal eminent domain rights was Kohl v. United States in 1875, and the concept of eminent domain was described as that it "'appertains to every independent government. It requires no constitutional recognition; it is an attribute of sovereignty." in the SCOTUS opinion in
Boom Co. v. Patterson in 1879.

Check out the just compensation clause at the end of the Fifth Amendment: "nor shall private property be taken for public use, without just compensation." The Framers recognized the concept of takings for public benefit, the difference is that they imposed the requirement on the United States government to determine and pay just compensation. Prior to that, if the sovereign state wanted your property for public or crown benefit, they just turned your sniveling ass out at the point of a halberd or, by George III's day, a bayonet.

So sorry, whatever your 1913 fetish is, you're as wrong as a plan to open a Hooter's in Mecca.