Gilding the Lily
Veteran
- Oct 30, 2006
- 1,466
- 2
- Thread Starter
- Thread starter
- #76
Lilly- You need to go back to law school, or read the statutes. FEDERAL LAW, ALWAYS SUPERCEDES "STATE LAW" UNLESS OF COURSE, STATE LAW IS MORE RESTRICTIVE THAN THE FEDERAL CODE......
AS IT STANDS, THE LAW WAS PASSED BY THE SUPREME COURT, IRREGARDLESS, OF TEXAS STATUES IN THIS REGARD.
TO PUT THIS IN LAYMENS TERMS, THE GOVERNEMT CAN CONFISCATE, ANY PROPERTY, FOR ANY "PRIVATE" PURPOSE, NO LONGER FOR THE "PUBLIC" GOOD, AS THE LAW WAS ORIGINALLY INTENDED.
I BELIEVE THAT STATE OF TEXAS, DID CHANGE THE IMMINENT DOMAIN LAW, DO STOP, SUCH AS WHAT HAS TRANSPIRED AT TEXAS STADIUM. BUT..., THAT ACTION, HAS NOT BEEN CHALLENGED, APPEALED, TO SENT BEFORE THE U.S. SUPREME COURT FOR A RULING. GOOD GRIEF...,,, :angry:
Air surf. For a surfer, you sure don't relax much.
Now you are just showing your stripes, among other things. "Irregardless," [sic] I will pour you another drink.
First: Perhaps you forgot about the Constitution. The Supreme Court does not PASS law, but simply interprets the law. Congress passes law. (yes, there is debate about legislative rulings). In the Supreme Court case you are likely discussing, Kelo, the Court simply interpreted the CITY COUNCIL's actions under CONNECTICUT statute to determine if they acted within the confines of the Constitution. The Court upheld the CITY's judgment.
Second: Who confiscated the property in Texas? Was it the federal government? NO! It was LOCAL GOVERNMENT! Who confiscated the property in the Kelo case? Was it the federal government? NO! It was LOCAL GOVERNMENT!
Third: Who changed the laws after the Kelo eminent domain case? Was it STATE AND LOCAL GOVERNMENTS? YES! You even said so yourself. Who EXEMPTED the Texas Stadium from the new law? The Texas LOCAL GOVERNMENT!
Fourth: Why would it be sent back to the Supreme Court for a ruling as you say? Because it essentially was just decided 2+ years ago!
Fifth: What action did the Supreme Court interpret? It interpreted the action of the LOCAL Government in Connecticut in light of the constitution.
Sixth: A simple LQQK on Wiki or google would have shown you that the Supreme Court sees this as a STATE's issue and the court usually upholds the rights of STATES to make their own definitions of public use within the confines of the constitution. (of course, you may well have tried, but wiki probably doesn't come up with anything when you type "imminent domain").
I will repeat:Your beef is mostly a state's issue (which it should be), and perhaps an issue with the Supreme Court.
I know it is so easy to blame Congress or the federal government for all your problems, but serisouly, sometimes, things are left to the states... as in the Texas Sadium decision.