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KSGF Admin
Posts:9
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| 04/29/2008 10:59 AM |
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Another week has rocketed by and we did have a rather smallish group Tuesday night at Planet Sub on South National. Realizing that we are puppets to the weather on occasion, please tell your friends and make a note for yourselves that the next meeting of the Tuesday night Young Conservatives will be May 6th. Same time and place but stay tuned for any changes in information/location.
In the meeting, we began with old business, that being our previous discussion ending on the issue of LIFE. It was decided that we proceed and tackle a new issue.
Onward and into discussion, Vince opened for comment "PERSONAL PROPERTY RIGHTS". We obviously need to know what our property rights are in the Constitution (see especially Amendment V) and a few additional definitions.
:::The definition of BLIGHTED: "Something that impairs growth, that withers hopes and ambitions, or impedes progress and prosperity"
(source: Farlek's dictionary; 4th ed. Houghton Mifflin 2003...)
:::The definition of EMINENT DOMAIN: "The right of government to appropriate private property for public use, usually with compensation to the owner"
(same source as above...)
:::The definition of PROPERTY MILITANCE: "having aggressive fighting or warring power over land, possessions, trade, goods, ownership and defense."
(e.g. right now we fight OSHA, EPA, USDA, FDA, other entities and people)
An initial dialogue was as follows:
T: We can reduce the size of government since private property is vital.
v: There is a book by Barry Goldwater that resolves this well in
arguement.....CONSCIENCE OF A CONSERVATIVE, 1990.
V: sometimes we have an invasion of property rights as in the case of
illegals, and sometimes it comes in the form of an ethanol plant,
hunting, building permits....what are our limits and what are theirs?
T: isn't it okay as long as what you do with/on your property does no
harm to another or a group of people?
A: it is a loaded question because how do you determine the case of
accidentally devaluing someone else's property as a byproduct?
T: If there is a right to be secure and own things where and what is it?
(THE HERITAGE FOUDATION PROVIDES ACTUAL ESSAYS AND CHAPTERS ON THE SITE
http://www.heritage.org/research/features/presidentsessay/presessay2004
WE ONLY TOUCHED ON ONE ISSUE CENTRALLY, BUT WERE ABLE TO REDEFINE OR REFINE WHAT WE STATE AS OUR PRINCIPLES IDEALS AND FOCUSED ON THOSE CORE VALUES BASED ON THE DISCUSSION OF EMINENT DOMAIN, BLIGHT, STATES' RIGHTS, SPECIAL INTERESTS, LEGISLATION, FEDERAL INVOLVEMENT AND WHAT MUST TAKE PLACE TO ENSURE QUALITY THROUGHOUT.
The Consitution, thanks to the Founders (esp. John Locke) grants us the right to LIFE, LIBERTY and PROPERTY, since having more 'stuff' is what makes us happy on Earth. The government can only make it evident that those rights exist and make sure that we HOLD those rights.
The FIFTH AMENDMENT states:............."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."
READ THE LAST THREE LINES! please :)
What if property rights led us toward a "Divided States"? Could we actually depart from a united mess of liberals and conservatives and coexist in factions separated by imaginary or sovereign barriers? What would be the effect of interstate commerce (also a power mentioned in the U.S. Constitution)? Consider the LAW OF UNINTEDED CONSEQUENCES: a maxim that states that the presence of any action will generate some unintended consequences (IGNORANCE, ERROR, IMMEDIATE INTEREST, CHANGES IN BASIC VALUES, SELF-DEFEATING PROPHECY). Who/what do we want to become as a country? When people gravitate to happiness, what is it that makes them so happy? Could those factions peacably divide? Cen we seceed without bickering? What happens to patriotism and National Pride?
Please realize though, as Darin pointed out, that these issues are why the Second Amendment exists. Similarly, a great structure of States' Rights is Covenant; living the way everyone else does but if one does not carry the same values they are violating covenant. This is what makes states work independently.
FEDERATION: shared sovereignty and division between state and nation
CONFEDARATION: states conglomerate with no federal system
THIS IS A VERY INTERESTING READ!http://www.hyperhistory.net/apwh/bios/b4trudeau.htm
On further in the evening, we began to redirect conversation to the idea of passing our Conservativism along to the public. We cannot impose our theorcracy and ideology on people who do not want it and who also like opposing domination (OBAMINATORS), but by mobilizing Conservative platforms, we can cause change overnight. They kay is education and we need to get the word out that people are born to live conservatively to save themselves and it is okay to be capitalistic and to do well for ourselves!
On a final note, several soldiers, past and present, were asked what drove them to fighting for the USA:
1. "The IDEA of freedom and the IDEALS that Jefferson founded-I will still fight"
2. "You fight for what you think is the betterment of society"
3. "To fight, defend. For everyone to live and to preserve what is and what has been.
4. "I served in the Cold War and there was a very real threat to our way of life, not just a threat to destroy us. To answer Regan's call to Gorbachev to 'tear down the wall' and the American way of life won over all others."
THANK YOU ALL FOR FIGHTING, MEN AND WOMEN
See you at the Next meeting of the Young Conservatives!
*Thanks to Cherie Kail for these minutes... she does an amazing job. |
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Canyon Moody
Posts:17
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| 04/30/2008 9:13 PM |
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Just a couple of thoughts on the legal issues:
There are basically three levels of review by which the Supreme Court determines whether governmental action is constitutional.
Rational Basis Review: Must be rationally related to a legitimate governmental interest.
Intermediate Review: Must be substantially related to an important governmental interest.
Strict Scrutiny: Must be narrowly tailored to meet a compelling governmental interest.
Eminent Domain falls under Rational Basis Review whether we are talking about state or federal governmental action.
There are several rights provided by the constitution, only one of which is absolute and that is the freedom of thought. All other rights may be infringed upon to some extent.
Laws dealing with gender classifications or legitimacy classifications for example fall under the intermediate review. Voting rights on the other hand are subject to strict scrutiny.
Due Process basically means at least two things and may mean more, but at the very least Due Process means 1) notice; 2) hearing.
There are two cases in which there is always a taking of property (which means compensation is due to the property owner):
1. If the government physically appropriates property or changes the right to occupy the property there will always be a taking. Except in situations of emergencies or civil liberty or labor regulations.
2. A law that permanently deprives an owner of all economic value of real property will constitute a taking.
If the situation does not fall under one of those instances, it is up to the property owner to prove that the law is so unfair and unjust that compensation should be required. It will never be considered unjust if the law/regulation is designed to protect animals, people or the environment, or APE.
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