Posted by:
CSRAJim
at Tue Jun 29 10:39:08 2010 [ Email Message ] [ Show All Posts by CSRAJim ]
John & Brad,
And throw in the 5th Amendment (private property)...
What's interesting that it was a 5-4 decision! One more Supreme like Ginsberg, Soto-Mayor and now Ragan and it’ll be a 4-5 decision to reverse…Remember it was this court just a few years ago that rendered a 4-5 decision to reverse eminent domain…Which required congressional action (as specified in the Constitution and described in the Federalist) to overturn the Supreme Court’s decision…Because it was congress that acted, the eminent domain case cannot be reversed (prevent future action under the same legal precedent) and therefore, the government (local) was able to “take” private land for tax purposes (ncreased revenue of business taxes versus property taxes)…
The Founder’s put the 2nd Amendment there to ensure the 1st Amendment…
Later,
Jim.
----- CSRAJim
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