Saturday, March 25, 2017

Why are folks so stupid about federal eminent domain or the actual lack thereof?

Within the entire document known as the Constitution for the United States of America and all its amendments, the concept of eminent domain appears --- no where. There is absolutely no grant for the federal government to exercise such a power as eminent domain in order to steal real property within the borders of any state or any where else for that matter. Some argue that eminent domain is an inherent power of a sovereign nation but the US are not a sovereign nation and under the standard of our Constitution all powers must be granted to the federal government. The US are a Union and the plurality of the entity known as the US is stated throughout the document in every reference to the United States, even in the 13th amendment. But beyond that, the jealousy of free and independent states left no room for any inherent powers as is expressed in the 10th amendment. And no the lack of the adverb, expressly, has no bearing as the verb, "granted", makes no implication as to inherent or implied power. To be granted, the power must be explicit so that all persons see the grant or it is not granted. It does not bear upon some magic persons, called judges, to determine the hidden parts of our Constitution when no hidden parts exist. At the time of the writing and ratification of the Constitution for the United States of America, the individual states were quite concerned with the loss of their own sovereignty, independence, and authority, In Article I Section 8, the power to obtain land within state borders was restricted to the purchase of land with the permission of the legislature of the state wherein the lands lie and then only for needful buildings. If the federal government held eminent domain for any reason, this grant of power is wholly moot and unnecessary. The states, being jealous of this new central government, withheld most power to act within state boundaries and the lack of a grant of eminent domain power is just one more area where the states withheld such an abusive power from the federal government.


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