Farewell Cartoon

[kmilligan.livejournal.com]

It's been real folks, but I've decided to depart from this community. Not because it's headed downhill, or because anyone in particular annoyed me, but it's just time to find something else to do for a while. I particularly would like to thank our lovely host lyndz for running such an interesting community. I know I've had my disagreements with many of you, but I hope nobody took it too seriously. Even among those I disagree with, there are many decent and thoughtful people here. I wish you all well.

Comments

[goumindong.livejournal.com]

That is not mainstream liberalism, everyone hates the ruling. What happened was precedent creep on the 5th amendment.

Luckly, if congress wants to, they can reverse the ruling through legislation.

A fairly conservative reading of the elastic clause, the 5th, and 9th amdendment allow for chaning the law regarding what happened.

Nothing stops the legislature from limiting itself more through legislation.

[kmilligan.livejournal.com]

Unfortunately, the 9th amendment is largely a dead letter with the modern court. That's the amendment Robert Bork famously referred to as the "ink blot" on the constitution.

[goumindong.livejournal.com]

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.