Thomas Paine
Member
- Joined
- Nov 10, 2007
- Messages
- 1,561
Meant to type in prior post that the property owner will GET (not "good") at least the fair market value...
So other than "unfair trade policies that disadvandage your fellow American worker" you're for for fair and open trade? LOL, gimme a break. How do we get screwed by Chinese trade policy? How about your fellow American consumer? My fellow American worker, if you're any indication, would step in and have the government stop me from buying what I want, and force me to buy his overpriced, union labor produced junk. To the extent that any country has a trade policy, it always harms the country with the policy but others may benefit. If a country retaliates against said policy, they just screw themselves. Free trade requires no document, communist countries involved or not. Free trade with ALL nations as Dr. Paul says.
What is bad about it? Why shouldn't we have it?
Please back up all statements with quality sources.
No propaganda videos on youtube please.
I'm perfectly aware of the non-compete provisions. There was an utter failure in the case of State Route 91 in California because of it - failure for the state of California. They had to buy back the road from a domestic private consortium. Both parties in Texas are fully aware of the repercussions of unreasonable non-compete clauses. Both TxDOT and the Capital Metropolitan Planning Organization in Austin have addressed this thoroughly and have many other provisions in the contract to ensure this is the best thing for the area.
You are thinking of "only" the highway. The highway is just one symptom of the NAU.
When thinking of the "highway" - if you just want to focus on that... and ignore everything else, then you need ask questions such as "safety" - who will control that corridor and will all trucks traveling that road need to follow the 'same' safety policy. If so, then 'that' safety policy will be an Umbrella for the three countries.
1. So, now we have a safety advisory council for all three countries. Now, because they are on "our" roads - what takes precedence? This 'new' safety policy or an existing one? Then, in this case - which one takes precendence?
2. Now that we have safety to concern ourselves with, what about "trade". What are the new trade policies? These trade laws, like the EU, will supercede American laws.
3. The obvious next step is - if you are 'TRADING' to such a degree - you are inweaving trade, safety - and because of "scary terrorists", now military - you would probably want a single currency - else, there would be too much fluctuation in invididual markets between countries.. - with such a trade agreement...THUS, the Amero.
So, now we have a trade, safety and currency that NOW is beyond America's sovereignty....
Then what?
Little by little this comes about... and this is ALL down without American citizens consent. Corrupt governors in Texas and elsewhere are allowing this to be built. Now, 'private companies' are pushing forward with the funding. Who are these "private companies" - who are they affiliated with?
Alot of nefarious things are coming our way.
And your point is..........? Sounds like another faith-based contract to me. You seem to have a great deal of faith in government and those that have worked very hard to quell public input and scrutiny of this project.
You have to have great faith in government to build all our roads in the first place.
Look, I-35, I-25 and I-15 essentially already go straight from Mexico to Canada. The main purpose of this corridor is not as a superhighway between countries. It's to facilitate travel and trade within our own country.
The Fifth Amendment expressly states in pertinent part: "...nor shall private property be taken for public use, without just compensation."
As the late and great Chief Justice Rehnquist stated in the majority opinion of First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, 482 U.S. 304 (1987):
"Consideration of the compensation question must begin with direct reference to the language of the Fifth Amendment, which provides in relevant part that 'private property shall not be taken for public use, without just compensation.' As its language indicates, and as the Court has frequently noted, this provision DOES NOT PROHIBIT THE TAKING OF PRIVATE PROPERTY (bold emphasis mine), but instead places a condition on the exercise of that power. This basic understanding of the [Fifth] Amendment makes clear that it is designed not to limit the governmental interference with property rights per se, but rather to secure COMPENSATION (emphasis in the original) in the even of otherwise proper interference amounting to a taking. Thus, government action that works a taking of property rights necessarily implicates the 'constitutional obligation to pay just compensation.'"
In layman's terms, government taking of property is, and always has been, constitutional under the Fifth Amendment. However, if the government takes private property, it has to provide "just compensation" to the property owner. Defining "just compensation" in each and every case is what keeps eminent domain attorneys employed.
The Fifth Amendment expressly states in pertinent part: "...nor shall private property be taken for public use, without just compensation."
As the late and great Chief Justice Rehnquist stated in the majority opinion of First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, 482 U.S. 304 (1987):
"Consideration of the compensation question must begin with direct reference to the language of the Fifth Amendment, which provides in relevant part that 'private property shall not be taken for public use, without just compensation.' As its language indicates, and as the Court has frequently noted, this provision DOES NOT PROHIBIT THE TAKING OF PRIVATE PROPERTY (bold emphasis mine), but instead places a condition on the exercise of that power. This basic understanding of the [Fifth] Amendment makes clear that it is designed not to limit the governmental interference with property rights per se, but rather to secure COMPENSATION (emphasis in the original) in the even of otherwise proper interference amounting to a taking. Thus, government action that works a taking of property rights necessarily implicates the 'constitutional obligation to pay just compensation.'"
In layman's terms, government taking of property is, and always has been, constitutional under the Fifth Amendment. However, if the government takes private property, it has to provide "just compensation" to the property owner. Defining "just compensation" in each and every case is what keeps eminent domain attorneys employed.
Okay, speaking as a constitutional lawyer with a background in eminent domain, property acquired via eminent domain is purchased by the government at fair market value. Now, if the land has sentimental value for the property owner (as was the case for the homeowners in the U.S. Supreme Court case of Kelo v. New London), then the property owner will be less likely to be satisfied with the fair market value price offered for the property. (BTW, if a property owner has hired a good eminent domain attorney, then the property owner will definately good at least the fair market value price for the property, if not more.) However, the notion that private property is confiscated by the government without compensation to the property owner is meritless. In fact, if you read the text of the Fifth Amendment, the taking of private property by the government in exchange for compensation to the property owner has always been constitutional.
And your point is..........? Sounds like another faith-based contract to me. You seem to have a great deal of faith in government and those that have worked very hard to quell public input and scrutiny of this project. Also, you praise the "no upfront cost" to TXDOT of the highway, but isn't this partially negated by the US taxpayer picking up the tab for the highway in Mexico?
Ever hear of the Cherokee Indians and the Trail of Tears???
Originally Posted by Patronus
WHOA ! Neither of these 2 started this thread, and they are now fighting it out.
doronster195 actually started this.. a 2 week member. doronster195 not only asked a divisive question to start some attacking each other, s/he also asked for "quality sources" to take MORE of our time. Why would an authentic RP grassroots member raise this question here, instigating division and infighting ? As many have pointed out, it's doronster195's role to research first.