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	<title>Comments on: Kelo and Property Rights Update: Judicial Tyranny in Oregon (Ballot Measure M37 Struck Down)</title>
	<atom:link href="http://www.bizzyblog.com/2005/10/16/kelo-and-property-rights-update-judicial-tyranny-in-oregon/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.bizzyblog.com/2005/10/16/kelo-and-property-rights-update-judicial-tyranny-in-oregon/</link>
	<description>The Business End of the Blogosphere</description>
	<pubDate>Fri, 09 Jan 2009 01:03:15 +0000</pubDate>
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		<title>By: TBlumer</title>
		<link>http://www.bizzyblog.com/2005/10/16/kelo-and-property-rights-update-judicial-tyranny-in-oregon/#comment-2105</link>
		<dc:creator>TBlumer</dc:creator>
		<pubDate>Wed, 19 Oct 2005 22:40:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.bizzyblog.com/?p=671#comment-2105</guid>
		<description>#5, thanks, it would appear the judge wants to invite a federal constitutional challenge. Bring it on.</description>
		<content:encoded><![CDATA[<p>#5, thanks, it would appear the judge wants to invite a federal constitutional challenge. Bring it on.</p>
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		<title>By: Jeff Licquia</title>
		<link>http://www.bizzyblog.com/2005/10/16/kelo-and-property-rights-update-judicial-tyranny-in-oregon/#comment-2104</link>
		<dc:creator>Jeff Licquia</dc:creator>
		<pubDate>Wed, 19 Oct 2005 22:06:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.bizzyblog.com/?p=671#comment-2104</guid>
		<description>&lt;p align="left"&gt;#2: "There being no federal question, SCOTUS has no jurisdiction and so would deny cert."

&lt;/p&gt;&lt;p align="left"&gt;From the article, describing the judge's ruling:

&lt;/p&gt;&lt;p align="left"&gt;"...and violates due process protections under the U.S. Constitution."

&lt;/p&gt;&lt;p align="left"&gt;There's your federal law.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p align="left">#2: &#8220;There being no federal question, SCOTUS has no jurisdiction and so would deny cert.&#8221;</p>
<p align="left">From the article, describing the judge&#8217;s ruling:</p>
<p align="left">&#8220;&#8230;and violates due process protections under the U.S. Constitution.&#8221;</p>
<p align="left">There&#8217;s your federal law.</p>
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		<title>By: TBlumer</title>
		<link>http://www.bizzyblog.com/2005/10/16/kelo-and-property-rights-update-judicial-tyranny-in-oregon/#comment-2086</link>
		<dc:creator>TBlumer</dc:creator>
		<pubDate>Tue, 18 Oct 2005 23:41:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.bizzyblog.com/?p=671#comment-2086</guid>
		<description>&lt;p align="left"&gt;#2 and #3, I see the difference, but I believe "public use" in the Constitution is more restrictive than if they had used "public purpose."

&lt;/p&gt;&lt;p align="left"&gt;"Public Use" means the public (i.e., whatever governmental entity doing the taking) owns the property after and eminent-domain taking and does not give it up or resell it to another developer. It would involve facilities everyone is allowed to use (roads, bridges)

&lt;/p&gt;&lt;p align="left"&gt;"Public purpose," if they had used it, would have been broader. You could argue that a "public purpose" might include growing the tax base, making the neighborhood "look" nicer, etc. But they didn't go there. 

&lt;/p&gt;&lt;p align="left"&gt;I see "public use" as stated in the Constitution as more restrictive, and properly so.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p align="left">#2 and #3, I see the difference, but I believe &#8220;public use&#8221; in the Constitution is more restrictive than if they had used &#8220;public purpose.&#8221;</p>
<p align="left">&#8220;Public Use&#8221; means the public (i.e., whatever governmental entity doing the taking) owns the property after and eminent-domain taking and does not give it up or resell it to another developer. It would involve facilities everyone is allowed to use (roads, bridges)</p>
<p align="left">&#8220;Public purpose,&#8221; if they had used it, would have been broader. You could argue that a &#8220;public purpose&#8221; might include growing the tax base, making the neighborhood &#8220;look&#8221; nicer, etc. But they didn&#8217;t go there. </p>
<p align="left">I see &#8220;public use&#8221; as stated in the Constitution as more restrictive, and properly so.</p>
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		<title>By: Shelby</title>
		<link>http://www.bizzyblog.com/2005/10/16/kelo-and-property-rights-update-judicial-tyranny-in-oregon/#comment-2085</link>
		<dc:creator>Shelby</dc:creator>
		<pubDate>Tue, 18 Oct 2005 21:19:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.bizzyblog.com/?p=671#comment-2085</guid>
		<description>Jack Roy:

So why didn't the drafters of the Bill of Rights say "public purpose" instead of "public use" if that's what they meant?</description>
		<content:encoded><![CDATA[<p>Jack Roy:</p>
<p>So why didn&#8217;t the drafters of the Bill of Rights say &#8220;public purpose&#8221; instead of &#8220;public use&#8221; if that&#8217;s what they meant?</p>
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		<title>By: Jack Roy</title>
		<link>http://www.bizzyblog.com/2005/10/16/kelo-and-property-rights-update-judicial-tyranny-in-oregon/#comment-2084</link>
		<dc:creator>Jack Roy</dc:creator>
		<pubDate>Tue, 18 Oct 2005 19:51:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.bizzyblog.com/?p=671#comment-2084</guid>
		<description>&lt;p align="left"&gt;Interesting story, but with all due respect, it almost certainly will &lt;i&gt;not&lt;/i&gt; be headed for the US Supreme Court, and I'm not sure that this says anything at all about the importance of "strict constructionism."  

&lt;/p&gt;&lt;p align="left"&gt;As to the first point, the federal judiciary is empowered to hear cases (a) between citizens of different states, or (b) involving a question arising under federal law.  I'm assuming the parties are all Oregonians, and this dispute involves (i) a state statute, held to conflict with (ii) the &lt;i&gt;state&lt;/i&gt; constitution.  There being no federal question, SCOTUS has no jurisdiction and so would deny cert.  In this case, the next step is to appeal to a higher state court or amend the state constitution (a reasonable step), not appeal to SCOTUS.

&lt;/p&gt;&lt;p align="left"&gt;To the second point:  Do you really know what &lt;i&gt;Kelo&lt;/i&gt; was about?  The dispute was live, to be sure, but in essence the appellants asked the Court to find a right in the Constitution that isn't clearly there from a textual, originalist or historical basis.  The majority who ruled against them reasoned that those who didn't like it could still appeal to the political process---hardly the hallmarks of an activist Court.  And since it wasn't really clear that "public use" contained the undertones that appellants argued it had, the &lt;i&gt;Kelo&lt;/i&gt; majority was far more strict-constructionist than were the dissent, who were willing to interpret meaning that wasn't clearly there.&lt;/p&gt;</description>
		<content:encoded><![CDATA[<p align="left">Interesting story, but with all due respect, it almost certainly will <i>not</i> be headed for the US Supreme Court, and I&#8217;m not sure that this says anything at all about the importance of &#8220;strict constructionism.&#8221;  </p>
<p align="left">As to the first point, the federal judiciary is empowered to hear cases (a) between citizens of different states, or (b) involving a question arising under federal law.  I&#8217;m assuming the parties are all Oregonians, and this dispute involves (i) a state statute, held to conflict with (ii) the <i>state</i> constitution.  There being no federal question, SCOTUS has no jurisdiction and so would deny cert.  In this case, the next step is to appeal to a higher state court or amend the state constitution (a reasonable step), not appeal to SCOTUS.</p>
<p align="left">To the second point:  Do you really know what <i>Kelo</i> was about?  The dispute was live, to be sure, but in essence the appellants asked the Court to find a right in the Constitution that isn&#8217;t clearly there from a textual, originalist or historical basis.  The majority who ruled against them reasoned that those who didn&#8217;t like it could still appeal to the political process&#8212;hardly the hallmarks of an activist Court.  And since it wasn&#8217;t really clear that &#8220;public use&#8221; contained the undertones that appellants argued it had, the <i>Kelo</i> majority was far more strict-constructionist than were the dissent, who were willing to interpret meaning that wasn&#8217;t clearly there.</p>
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		<title>By: Zsa Zsa</title>
		<link>http://www.bizzyblog.com/2005/10/16/kelo-and-property-rights-update-judicial-tyranny-in-oregon/#comment-1996</link>
		<dc:creator>Zsa Zsa</dc:creator>
		<pubDate>Mon, 17 Oct 2005 00:37:46 +0000</pubDate>
		<guid isPermaLink="false">http://www.bizzyblog.com/?p=671#comment-1996</guid>
		<description>Unbelievable!... Supreme Court here it comes!</description>
		<content:encoded><![CDATA[<p>Unbelievable!&#8230; Supreme Court here it comes!</p>
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