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Show I I THE MA(N July 14, 2005 1 IIES, ESI ALLEY NEW S, KEARNS IOST 3 ihi&m Kudos for Magna rejuvenation efforts K: u Editor: am so glad that Magna is finally fixing up old historic Main Street. It would he nice if the town built an old fashioned restaurant Call it the Harvey Restaurant, like in the 1940s movie "Haney Girls with Judy Garland. Angela Lansburv, and John Hoidak. All the gills dress in white caps (1850s), white aprons. I I h . The Supreme Court repeals the Constitution brating on July 4. The very term should make us suspicious in that it tells us that government to asserts, according The political philosopher Murray Rothbard used to say that every principle devised to limit the power of government sooner or later becomes a way to expand it. In the recent Supreme Court decision stretching the pow'er of eminent domain to include redistribution of private property to assist private economic activity, we have another example: the takof the Fifth ings clause Amendment to the U.S. Constitution. Nor The clause holds, shall private property be taken for public use, without just compensation. Since, as the Supreme Court wrote in 926, It cannot be presumed that any clause in the Constitution is intended to be without effect, we have to read each word closely. In his dissent in the recent case, Kelo v. City of New Court London, Supreme Justice Clarence Thomas does just that. Parsing the clause with1 great tarephe shows there is no reasonable reading but this: if the government wants to take a persons property, it may do so only for public use (such as a road) and only if the owner is fairly paid. Thus the Takings Clause was intended to be, Thomas writes, an express limit on the government's power of eminent domain. Before proceeding I must say that eminent domain assaults the individual freedom that Americans will go through the motions of cele Merriam-Webster- s the sovits of dominion superior ereignty over all lands w ithin its jurisdiction. In other words, we live on the land at the pleasure of the sovereign. As a matter of law, this principle is a vestige of absolute monarchy and is contrary to the libertarian spirit of the American founding. As a matter of logic, no just compensation is possible in a forced sale of property, because the only just price is the one freely negotiated by seller and buyer. What makes a transaction morally legitimate is not compensation but consent. Eminent-domai- n cases are distinguished precisely by their lack of seller's consent. Its an unfortunate historical fact that the American Framers did not condemn the power of eminent domain. But it is also a fact that they sought to limit it through the and public-us- e provisions in the. Bill of Rights. This is why the Kelo decision is such a blow. As Justice Sandra Day O, Connor writes in her dissent, the Court has effectively deleted the words CEfor public use, from the Takings Clause of the Fifth Amendment. We are all less secure in our homes than we were on 1 Magnates USPS Guest Columninst Readers ate encouraged to share opinions by sending letters to the Editor, Magna TimesAVest Valley" News, 89X0 W. 2700 S. Magna, UT. 84044. 5 Letters can be sent via fax to or Writers may at magwestCu' xmission.com. send a photograph to accompany their letter. All letters to the Editor are subject to editing for grammar, clarity and brevity. Letters will be corrected for known factual errors. Letters must be signed and include a phone number for verification and city of residence. Letters on local topics are given preference. Name and city ol residence w ill be printed. June 22. But some are more government power. secure than others: the We've been in homes of America for some people are far more likely to be time now. Kelo adds an omitaken than those of the afflunous P.S.: There's no turning ent. The winners are big, back. businesses local and revenue-hungrin as such those Sheldon Richman is senior politicians, New fellow at The Future of Connecticut. London, Freedom Foundation They condemned a number (www.fff.org) in Fairfax, of homes and stores in a Va., author of Tethered decent working-clas- s neighCitizens: Time to Repeal the borhood to make way for a Welfare State, and editor of Pfier research facility, The Freeman magazine. and restaurants, upscale other businesses. homeowners Several objected, including an elderly woman who has lived in her home all her life, and they sued all the way to the Supreme Court. The city argued that since the new businesses will produce increased tax revenue and Dear Nicole: Dear Jess: jobs, the takings will benefit 16 have and Lam just the public tvtn if the erty started dating. I hate the waiy Dating is another step doesn,t directly use the land. me feel towards makes mom growing up. There my In ruling for the city, the 4 I get home from a date, real ly wonderbe will some when majority held that public ful lot a asks of times she and, quesunfortunatly, always use neednt mean public I feel like she doetimes. and tions Maybe heartbreaking use. It may mean any intended public benefit. Quoting a snt trust me. What can I do to your mom is just trying to be make her back off? 1984 case. Justice John Paul Nicole Stevens declared, the Court long ago rejected any literal requirement that condemned property be put into use for the general public. If the Court can liberate she is doing for attention. Do literal Dear Jess: itself from any I just found out my you think we need to run to a requirement when reading therapist every time she acts daughter has experithe Takings Clause, it follike a drama queen? with where mented cutting, lows that it can liberate itself to feel themselves cut people from that requirement when Thanks for listening. the pain. My husband wants reading any other part of the a therapist but I her take to to Shelly Constitution. But that means is just another thing Dear feel this Shelly: we can never know how the Court will claim to underIf you have a stand the Framers, limits on you would like send them government power. Which means: there are no limits on well-connect- ed Sincerely, Celia Benbenek Salt iMke City letters to the ttllter Welcome low-inco- Dictionary of Law, long dresses and old fashioned hairdos. My husband and 1 used to visit Magna and watch them make proxies, and wed visit the antique stores when they were there. Magna needs movie theaters, bowling alleys, etc. Bring in the public! -- y 250-568- Jess Ad voce Dating trust 5-- there for you. Instead of shutting her out. why not share with her details on how your exening went. All her questions might be replaced with listening, and she may just have a few stories of her own to share with you. Yes, cutting is a problem question answered please to Jess at If your daughter has gone as far as cutting herself to get attention then, yes, there is a problem and you probably should take her to see a therapist. If she does not need professional help then all youve wasted is a couple of hours. The peace of mind your family could get is worth it. jessadvicegmail.com 325-58- 0 "V, Second class postage paid at Magna, Utah 84044 8980 West 2700 South Magna, Utah 84044 pSc-- 7 T"o oust 006 0 S AON, WteftpM A J. 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