I appreciate email from readers of Political Pistachio, and listeners of my radio program on KMET 1490 AM. However, sometimes they come across, for lack of a better word, strange. I am not sure if these less than coherent emails are truly the ramblings of a confused person, or a joke perpetuated by leftists that think it's funny to play games with Mr. Constitution. Nonetheless, as I always do, I answer their questions just the same.
Here's the latest:
Dear MR Gibbs, First let me say how impressed I was to discover there was still someone out there who still teaches on our beloved constitution. The reason I am contacting you is because I have had no success in locating two subjects that are in the constitution . The first has to do with land owners/ developers, it was told to me that a developer as a land owner has the right to vote over stepping the two thirds majority vote of the electorate because it`s in the constitution. He said he thought it might be in the fifth amendment, but was not positive. The second question is if know where the “Federal debt impairment clause” might be, located in the federal constitution. It would be limit`s on local residents ability to overturn local revenue raising measures. I will and shall be forever thankful to you for any assistance you might provide me in this matter. Thank you sincerely
My Response:
Friend,
Neither are clauses or authorities in the Constitution regarding your request. The landowner clause in the 5th Amendment is Eminent Domain, which disallows the federal government from taking land for public use without "just compensation." We must be reminded that what is considered to be just compensation is based on the opinion of the landowner, and what the property owner considers to be "just," not "fair market value" as we are told by today's bureaucrat.
As for limits on local residents regarding schemes to raise revenue, such a clause would go against the basic foundation of what the Constitution is all about. The Constitution is written in a manner designed to create a federal government, and give that government expressly enumerated authorities. The only limitations on local government, for the most part, are in Article I, Section 10, which has a list of prohibitions on the States so that they may not interfere with the federal government's functionality.
My Response:
Friend,
Neither are clauses or authorities in the Constitution regarding your request. The landowner clause in the 5th Amendment is Eminent Domain, which disallows the federal government from taking land for public use without "just compensation." We must be reminded that what is considered to be just compensation is based on the opinion of the landowner, and what the property owner considers to be "just," not "fair market value" as we are told by today's bureaucrat.
As for limits on local residents regarding schemes to raise revenue, such a clause would go against the basic foundation of what the Constitution is all about. The Constitution is written in a manner designed to create a federal government, and give that government expressly enumerated authorities. The only limitations on local government, for the most part, are in Article I, Section 10, which has a list of prohibitions on the States so that they may not interfere with the federal government's functionality.
Local governments and State government is governed by the State Constitution, not the Federal Constitution.
Also, don't be fooled into the web of case law, which is the rulings of judges. While some people believe the Constitution is defined by legal precedent, the reality is that the Constitution was written to be a set standard that cannot be redefined or adjusted by mere judicial opinion. The Constitution is not a living document that bends and sways based on the whims of judges, politicians, or society. It is a set standard of law, the rule of law from which our American System finds its foundation.
Blessings,
Douglas V. Gibbs
Constitution Radio, KMET AM1490
Conservative Voice Radio, KMET AM1490
Author, 25 Myths of the United States Constitution, The Basic Constitution, and Silenced Screams
President, Constitution Association
www.politicalpistachio.com
www.douglasvgibbs.com
www.constitutionassociation.com
Also, don't be fooled into the web of case law, which is the rulings of judges. While some people believe the Constitution is defined by legal precedent, the reality is that the Constitution was written to be a set standard that cannot be redefined or adjusted by mere judicial opinion. The Constitution is not a living document that bends and sways based on the whims of judges, politicians, or society. It is a set standard of law, the rule of law from which our American System finds its foundation.
Blessings,
Douglas V. Gibbs
Constitution Radio, KMET AM1490
Conservative Voice Radio, KMET AM1490
Author, 25 Myths of the United States Constitution, The Basic Constitution, and Silenced Screams
President, Constitution Association
www.politicalpistachio.com
www.douglasvgibbs.com
www.constitutionassociation.com
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