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Unalienable Rights Foundation - Supreme's Bench Edicta in Kelo Violates CUS Article VI
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 Supreme's Bench Edicta in Kelo Violates CUS Article VI

UnAlienable Rights

Supremes’ Kelo Decision Violates Article VI of Constitution

5 Justices  issue edictas from the bench putting  forth in their ultra ego and persona as the highest magistrate, law - with out the invoking the authority of the Congress.

All across the nation as well as in Virginia private property is being taken from one private party and being given to another private party by the government under the color of authority of the government to use eminent domain for the purpose of the economic evolution.

It seems to this commentator that this practice is contrary to several principles of substantiated obligatory duties of government established from the times of the ancients to our present day. Further this commentator believes that under paragraph of the second of Article VI of the US Constitution [USC] all laws passed by any legislature or any holding of any court, that are holden under the Constitution, that conflicts with the laws of the ancients as put to treaty are unconstitutional.



We find in the ancient law [Incorporeal Hereditaments] the prescription that once the government has given a title to land [a fee] it can not give the same identical title, that has before been granted to one, to another; for that would prejudice the former grant. Yet we find government doing exactly that by using eminent domain.

The most recent infamous example of this is the matter recently decided by the US Supreme Court, Kelo v. New London. This case clearly shows us that the majority of the court are ignorant of the laws and issue edictas from the bench with out the invoking the authority of the Congress. The issuance of Edicas is the old practice of the Roman Emperors where the Emperor put forth as his ultra ego and persona as the highest magistrate, law - with out the invoking the authority of the senate.

Paragraph of the second of Article VI of the US Constitution provides :

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

This provision of the Constitution seemly provided that the provisions of the The Treaty of Paris of September 3, 1783, between Prince George the Third, by the grace of God, king of Great Britain, France, and Ireland, defender of faith, duke of Brunswick and Lunebourg, arc-treasurer and prince elector of the Holy Roman Empire, etc., and of the United States of America, in article of the fifth of said treaty provided that all laws that effected persons and property prior to the war were to be restored :

It is agreed that Congress shall earnestly recommend it to the legislatures of the respective states to provide for the restitution of all estates, rights, and properties, which have been confiscated belonging to real British subjects; and also of the estates, rights and properties of persons resident in districts in the possession of his Majesty's arms and who have not borne arms against the said United States. And that persons of any description shall have free liberty to go to any parts of any of the thirteen United States and therein remain twelve months unmolested in their endeavors to obtain restitution of such of their estates, rights, and properties as may have been confiscated; and that Congress shall also earnestly recommend to the several states a reconsideration and revision of all acts or laws regarding the premises, so as to render the said laws or acts perfectly consistent not only with justice and equity but with that spirit of conciliation which on the return of the blessings of peace should universally prevail. And that Congress shall also earnestly recommend to the several states that the estates, rights, and properties, of such last mentioned persons shall be restored to them, they refunding to any persons who may be now in possession the bona fide price (where any has been given) which such persons may have paid on purchasing any of the said lands, rights, or properties since confiscation.

And it is agreed that all persons who have any interest in confiscated lands, either by debts, marriage settlements, or otherwise, shall meet with no lawful impediment in the prosecution of their just rights.

 

We find in the ancient law [Incorporeal Hereditaments] the prescription that once the government has given a title to land [a fee] it can not give the same identical title, that has before been granted to one, to another; for that would prejudice the former grant. Yet we find government doing exactly that by using eminent domain for economic evolution. The most recent infamous example of this is the matter currently being decided by the US Supreme Court, Kelo v. New London.

In Virginia, under Art. 1 §1.10 and §1.11 of the Code of Virginia, the duties placed upon the United States and its original 13 states are codified.

to restore and honor, [1] the right and benefit of all writs, remedial and judicial, given by any statute or act of Parliament, made in aid of the common law prior to the fourth year of the reign of James the First, of a general nature, not local to England, shall still be saved, and [2] The common law of England, insofar as it is not repugnant to the principles of the Bill of Rights and Constitution of this Commonwealth, shall continue in full force within the same, and be the rule of decision.

Why would this obligation of treaty not apply to the use of eminent domain when it is used to take land from one individual and give it to another under the guise of economic development?

It is my view, that is compelled law for all of the colonies [states] named in the Deceleration of Independence [as well as their spinoffs - another discussion for another time]. This compulsion is found in the Treaty of Paris, and the Treaty of Ghent - and the Constitution of the United States.

The United States and all of the founding states and their spinoffs are compelled by paragraph of the second in Art. VI of the Constitution of the United States [CUS]:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding,

to restore and honor, [1] the right and benefit of all writs, remedial and judicial, given by any statute or act of Parliament, made in aid of the common law prior to the fourth year of the reign of James the First, of a general nature, not local to England, shall still be saved, and [2] The common law of England, shall continue in full force within the same, and be the rule of decision.

Justice Tucker, of Virginia, wrote of this in 1803 - see BLACKSTONE'S COMMENTARIES: WITH NOTES OF REFERENCE, TO THE CONSTITUTION AND LAWS, OF THE FEDERAL GOVERNMENT OF THE UNITED STATES; AND OF THE COMMONWEALTH OF VIRGINIA. IN FIVE VOLUMES. WITH AN APPENDIX TO EACH VOLUME, CONTAINING SHORT TRACTS UPON SUCH SUBJECTS AS APPEARED NECESSARY TO FORM A CONNECTED VIEW OF THE LAWS OF VIRGINIA, AS A MEMBER OF THE FEDERAL UNION. BY ST. GEORGE TUCKER, PROFESSOR OF LAW, IN THE UNIVERSITY OF WILLIAM AND MARY, AND ONE OF THE JUDGES OF THE GENERAL COURT IN VIRGINIA. PHILADELPHIA: PUBLISHED BY WILLIAM YOUNG BIRCH, AND ABRAHAM SMALL, NO. 17, SOUTH SECOND-STREET. ROBERT CARR, PRINTER.1803.

The only exception that Tucker makes to the laws of the ancient applying to the original colonies is the land of the northern neck of Virginia - another topic for another time.

St. George Tucker was an officer in the American Revolutionary Army, a Professor of Law, justice of the Supreme Court of Virginia, judge of the Federal District Court for Virginia by appointment of President James Madison, progenitor of a long line of jurists and scholars, and stepfather of John Randolph of Roanoke.

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Most read story about UnAlienable Rights:
KELO - A SHAKY BLOW TO THE BILL OF RIGHTS


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