Yea, but that doesnt mean that the legislature cant use it to justify legislation.
The basis is that the law is nessesary and proper to enforce the other edicts the constitution grants.
These are 1. Property rights, 2. the 5th amendment conpensation for "public good" and 3. the rights retained by the people.
So, in order to enforce the constitution, the legislature must limit the government in what types of land use it may take land for with just compensation.
no subject
Date: 2005-06-24 09:53 pm (UTC)The basis is that the law is nessesary and proper to enforce the other edicts the constitution grants.
These are 1. Property rights, 2. the 5th amendment conpensation for "public good" and 3. the rights retained by the people.
So, in order to enforce the constitution, the legislature must limit the government in what types of land use it may take land for with just compensation.