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Post by aztec70 on Mar 23, 2013 15:59:35 GMT -8
I will. Perhaps you could review Ellis v. City of Grand Rapids. Ellis was 5th Amendment case, and didn't involve a federal taking. The Preamble utilization was "dicta". "An example of the way courts utilize the Preamble is Ellis v. City of Grand Rapids. Substantively, the case was about eminent domain. The City of Grand Rapids wanted to use eminent domain to force landowners to sell property in the city identified as "blighted", and convey the property to owners that would develop it in ostensibly beneficial ways: in this case, to St. Mary's Hospital, a Catholic organization. This area of substantive constitutional law is governed by the Fifth Amendment, which is understood to require that property acquired via eminent domain must be put to a "public use". In deciding whether the proposed project constituted a "public use", the court pointed to the Preamble's reference to "promot[ing] the general Welfare" as evidence that "[t]he health of the people was in the minds of our forefathers". [T]he concerted effort for renewal and expansion of hospital and medical care centers, as a part of our nation's system of hospitals, is as a public service and use within the highest meaning of such terms. Surely this is in accord with an objective of the United States Constitution: '* * * promote the general Welfare.'" "On the other hand, courts will not interpret the Preamble to give the government powers that are not articulated elsewhere in the Constitution." see: "United States v. Kinnebrew Motor Co." en.wikipedia.org/wiki/Preamble_to_the_United_States_ConstitutionSo the court quoted the Preamble to the Constitution, but since it does not fit your right wing philosophy we just ignaore the case?
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Post by aztec70 on Mar 23, 2013 16:01:41 GMT -8
Since you are the resident "Sea Lawyer" on the board perhaps you can cite where the Supreme Court has declared Medicare against the Constitution. It has been the law for three generations or so. Surely by now it has been to the USSC. I'm not aware of any challenges to Medicare on Constitutional grounds. That doesn't mean it is actually Constitutional. Perhaps you could get one of your ACLU shyster thugs to bring an action. Be more appropriate for you to hire one of the shyster thugs from the Federalist Society.
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Post by davdesid on Mar 23, 2013 16:04:15 GMT -8
Ellis was 5th Amendment case, and didn't involve a federal taking. The Preamble utilization was "dicta". "An example of the way courts utilize the Preamble is Ellis v. City of Grand Rapids. Substantively, the case was about eminent domain. The City of Grand Rapids wanted to use eminent domain to force landowners to sell property in the city identified as "blighted", and convey the property to owners that would develop it in ostensibly beneficial ways: in this case, to St. Mary's Hospital, a Catholic organization. This area of substantive constitutional law is governed by the Fifth Amendment, which is understood to require that property acquired via eminent domain must be put to a "public use". In deciding whether the proposed project constituted a "public use", the court pointed to the Preamble's reference to "promot[ing] the general Welfare" as evidence that "[t]he health of the people was in the minds of our forefathers". [T]he concerted effort for renewal and expansion of hospital and medical care centers, as a part of our nation's system of hospitals, is as a public service and use within the highest meaning of such terms. Surely this is in accord with an objective of the United States Constitution: '* * * promote the general Welfare.'" "On the other hand, courts will not interpret the Preamble to give the government powers that are not articulated elsewhere in the Constitution." see: "United States v. Kinnebrew Motor Co." en.wikipedia.org/wiki/Preamble_to_the_United_States_ConstitutionSo the court quoted the Preamble to the Constitution, but since it does not fit your right wing philosophy we just ignaore the case? Ingnaore (sic)? No. But courts are not bound by their dicta.
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Post by davdesid on Mar 23, 2013 16:05:31 GMT -8
I'm not aware of any challenges to Medicare on Constitutional grounds. That doesn't mean it is actually Constitutional. Perhaps you could get one of your ACLU shyster thugs to bring an action. Be more appropriate for you to hire one of the shyster thugs from the Federalist Society. ROFL.
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