A PAD Original

PittsburghAfterDark

CAGiversary!
I know we like to post news stories on this board and go OMG OMG OMG teh udder side teh suXorZ!!11! It's rare that anyone really writes anything somewhat original so, here, I'll do something like that.

I'm amazed at some of the twists that are going on in political and legal life right now. So much so that I really think it's worth commenting on. In some ways, we're going in the absolute wrong direction. Now before you get a knee jerk reaction and say "It's because of Bu$hco and teh ev1l Repukes!!1!1!!" hear me out and see if we can't find some common ground here for once.

I'm not referring to foreign policy, Iraq, terrorism, what Senator Turbin said or anything like that we debate ad nauseum but the subtleties that are fundamentally changing this country in many ways more profound than a few talking points and angry paragraphs can accomodate.

First; the Supreme Court has got to be on crack. When I look at the New London case and eminent domain I'm just sickened. Goodbye fifth ammendment. The most shocking thing about this as far as conventional wisdom goes is that it was the liberal leaning justices that sided against the working man and sided with intrusive government (Really no surprise to me.) and surprisingly; private development. Just what does the fifth ammendment mean now? I really think this ruling has the makings of armed conflict down the road between landowners and government/law enforcement with allies on the landowners side many of us would find incredible pairings today. I can see conservative groups marching and defending minority neighborhoods against government property confiscation. Laugh now, but like I said, I think we're bound to see strange bedfellows on this in the near term future.

Next, Congress and its once per term flag burning ammendment. The thing I love so much about the criticism of this ammendment from free speech proponents is they are the same coalition of political voices that thought McCain-Feingold made such wonderful law. What does one have to do with the other? Both are political speech at their base. Like it or not money buying commercial time is free speech. Want a bigger soap box? Buy more time.

The SCOTUS upheld McCain-Feingold, so there, they've destroyed the meaning of two ammendments so far in my diatribe; the fifth and the first. Meanwhile the freedom of speech people want to protect by ensuring flag burnings legality condemn free speech if it comes with a price tag attached to it. Not to be too glib but what was the saying? Freedom isn't free? I know it wasn't meant in a monetary sense but you see where I'm taking this.

Next, I'm sure someone in the next term if there's a new Chief Justice and a new person on the bench someone will bring Affirmative Action to the court again. Our nice justices have continually trashed the 14th Ammendment in upholding the complete joke of legal discrimination. Now before all of you start going "YOU RACIST OMG OMG TEH EVIL!" Let me finish.

One of my best online friends I used to play PSO with way back during Dreamcast days. He lives in Miami and has been in and out of college courses since I've known him. So what? Here's the kicker. In Miami white males are an overwhelming minority. The city is roughly 75-80% Cuban, Hatian or black. Now that's life of a nation of immigrants just like many New Yorkers at the turn of the 20th Century felt in the minority because of the number of Irish and Italians immigrating. However why is he not given any benefits of affirmative action? He's a minority in the classic sense of the "spirit" of the program isn't he? An underrepresented minority that should be given a better than average shot at representation to ensure diversity, isn't that how the line goes? He shows up in many classes as one of five white faces in a classroom with 35+ "minority" students. So how come he can't benefit from less stringent admissions, financial aid or housing policies?

So bottom line is we are losing our freedoms while arguing incessently over some really trivial things. Our first ammendment; trashed if you're talking about funding political speech. Second ammendment; trashed by more gun laws in more locales than I could possibly list. Ask Cheapy D (Does he live in one of the five boroughs?) if he could ever buy a handgun. The fourth ammendment has been trashed by our draconian drug laws that allow siezure and sale of property before trial. The fifth ammendment; see the New London thing.

The eight ammendment? No excessive bail or fines? I think if you look at what Microsoft and the tobacco industries have paid for selling still legal products the courts and trial lawyers have trashed this one as well.

With the lack of willingness government has shown to reign in entitlement spending and their eagerness to expand them (Prescription drug benefits for everyone!) I soon expect third ammendment issues in my lifetime. For those of you not familiar, "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.". Notice the last phrase "manner prescribed by law". I half expect the SCOTUS and Congress to get together and state that any house with an unoccupied bedroom, even if it's been converted into a "home office or den" will soon house one GI, Marine, airman or Coast Guardsman per unoccupied bedroom with bedroom to be defined by local draft board authorities per each individual household.

None of these are partisan issues. In too many ways we succumb to what Michael Savage rightly calls "party rights" instead of individual rights. I could care less who appointed the judges that voted one way or another on a key decision. I could care less about the margin and makeup of the votes in congress on flag burning, McCain-Feingold etc. I know that both were absolutely wrong. I know that with the things and issues I've brought up each and every one of us suffers and suffers directly.

As much as I may disagree with some here if it is your dream to have a 6,000 square foot 5 bedroom home on the California or Florida coast I don't want you to have to worry about the government taking your land because Donald Trump thinks your land would be a great place to erect a 40 story luxury condo that will generate 2,800% more tax revenue than you do. I'm not interested in any of us being served "just deserts" I'm more concerned that all of us have the equal ability to compete and gain from the benefits this country has historically offered her citizens.

With what's going on, I think those gifts are being taken a way from us on a weekly basis and all we do is care about what Dick Durbin said, Michael Shiavo testified to and what some twit in Aruba did the night she disappeared.

God bless you all.

KFB
 
Not the point. I know that more or less the courts threw it back to the states but the fifth ammendment is pretty cut and dry on this issue. The court made the constitution subjective to state and local government interpretation and it most certainly is not.
 
Commenting on assorted parts...

[quote name='PittsburghAfterDark']When I look at the New London case and eminent domain I'm just sickened. Goodbye fifth ammendment.[/quote]
Lets take a look at the fifth amendment, shall we?

[quote name='"US Constitution"']No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.[/quote]

The only part that actually matters in this case is the last line: "nor shall private property be taken for public use, without just compensation." The Constitution in no way, shape or form puts any limits on eminent domain: all it says is that fair market value has to be paid for the land. Should there be limits? Damn right there should, but that's not the Supreme Court's job.

Just what does the fifth ammendment mean now?
Exactly what its always meant, and exactly what it says: Goverment can use eminent domain anytime they want, as long as the former owner is fairly compensated.


The eight ammendment? No excessive bail or fines? I think if you look at what Microsoft and the tobacco industries have paid for selling still legal products the courts and trial lawyers have trashed this one as well.
It depends on how you define 'excessive'. They've paid huge amounts of money, to be sure, but when you compare it to their income, you realize that its barely a drop in the bucket of what they make. If a person committed a crime and is fined an amount of money equal to a week's worth of their income, is that excessive? That's roughly how much the tobacco industry paid.

With the lack of willingness government has shown to reign in entitlement spending and their eagerness to expand them (Prescription drug benefits for everyone!) I soon expect third ammendment issues in my lifetime. For those of you not familiar, "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.".
I have absolutely no clue how you make this jump. Are you proposing that the US government will have to close all the military bases due to financial problems or something? Considering the way modern warfare works, this would essentially be the same thing as scrapping the military entirely. I suppose I have room in my house for a soldier, but my backyard simply isn't big enough for the tank/F15 fighter/battle cruiser that would make him anything more than a sitting duck. Don't even get me started on trying to find a place to build the nuclear warhead launchpad...

Anyway, a better post than most of yours, but still rather flawed at its heart.
 
[quote name='Drocket']I have absolutely no clue how you make this jump. Are you proposing that the US government will have to close all the military bases due to financial problems or something? Considering the way modern warfare works, this would essentially be the same thing as scrapping the military entirely. I suppose I have room in my house for a soldier, but my backyard simply isn't big enough for the tank/F15 fighter/battle cruiser that would make him anything more than a sitting duck. Don't even get me started on trying to find a place to build the nuclear warhead launchpad...

Anyway, a better post than most of yours, but still rather flawed at its heart.[/QUOTE]

He was just going for "These ammendments are trashed" and then he posted a fantastic possibility of another ammendment being trashed.

He was just making his point, and he made it rather well, I thought.
 
[quote name='fanskad']He was just going for "These ammendments are trashed" and then he posted a fantastic possibility of another ammendment being trashed.

He was just making his point, and he made it rather well, I thought.[/QUOTE]
Um, nice thread revival...

What he said was, "I soon expect third ammendment issues in my lifetime". I pointed out that that's somewhat ridiculous, as violating the third amendment would essentially makes our military useless. As such, its rather an unlikely thing to happen, and if it does, it'll probably be the least of our worries at that point.

Edit: just to be clear, there's only one possible scenario under which there's any realistic chance of third amendment issues, and thats if the US government goes bankrupt. At that point, there essentially wouldn't BE a US goverment anyway, so its not even possible to violate the third amendment under such a scenario. The US military will never voluntarily choose to try to place military personel in personal houses for the reasons that I (sarcasticly) pointed out: the method in which modern warfare is fought simply doesn't make that feasible. Some guys with muskets, yeah, they'd be able to bunk anywhere if they were permitted. The 82nd airborne division - not so much. For some strange reason, most people don't have runways in their back yards. If we were invaded, then yes, infantry troops may choose to use personal housing to rest - but the third amendment specifically has an exception for times of war, saying merely that it has to be done in "a manner prescribed by law".
 
I'm just gonna comment of the white miami friend. If PAD wants to show that whites are underrepresented in miami relative to their population makeup he'd have a point. But if you can walk into a university or a quality job and find equal or greater percentages of whites to the relative population, he has no argument.
 
[quote name='alonzomourning23']I'm just gonna comment of the white miami friend. If PAD wants to show that whites are underrepresented in miami relative to their population makeup he'd have a point. But if you can walk into a university or a quality job and find equal or greater percentages of whites to the relative population, he has no argument.[/QUOTE]

Disagree. It has nothing to do with percentages. It has to do with fair treatment, period, end of story. If more whites are better qualified, there is no reason for them not to be "overrepresented" in terms of relative percentages. OTOH, if less whites are qualified, there is no reason they should not be "underrepresented" in terms of relative percentages. It has to do with individuals, not with categorizing someone by their skin color or ethnic group...or at least it should.
 
bread's done
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