Reply to Joe Rod...

Posted by Matt from CT on July 01, 2005 at 06:08:08 from (66.181.93.142):

In Reply to: Re: OT: eminent domain, a little good news for onc posted by Rod (NH) on June 30, 2005 at 19:51:43:

1) To Joe's point...

States can grant their citizens more rights than the Federal Constitution (as long in doing so they don't otherwise infringe on other rights under the Federal constitution).

So if Michigan laws/constitution say the State of Michigan or one of it's political subdivisions can't use emminent domain to take private property in this situation, they can't.

Now, if the Federal Government directly wanted to do so, they could pay for it and put the title in the name of the United States. But the City of Detroit couldn't use a federal grant to pay for taking and put the title in the name of the City of Detroit.

2) No, the Congress can't reverse a Supreme Court decision BUT...

Just because something is consitutional doesn't mandate it be done.

If the Congress and the State Legislatures tomorrow all abolished the death penalty, the death penaly still would be constitutional. Just not legal.

So Congress can take something that is currently deemed constitutional (the Kelo v. New London case), and say that no Federal Money will be used under that doctrine. Just because the Government has the power currently to take land in this way doesn't mean they *must* use it. They can pass laws saying they won't use it.

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