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Old 06-29-2005, 12:09 PM   #1667
Mmmm, Burger (C.J.)
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Quote:
Originally posted by Replaced_Texan
Federalism shouldn't be anyone's beef in analyzing Kelo:


. . .

I personally don't think that the proposed condemnations are for "public use" within the meaning of the Fifth Amendment of the Federal Constitution, but abandonment of federalism couldn't possibly be argued in this decision.
2. Is someone arguing that it is? It's the paradigm of a "states' rights" case--the states are being freed under the federal constitution to regulate as they see fit.
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