I would say what was done in New London, Connecticut was the result of those Traditions that have made the Law of no effect. The Supreme Court Decision was based on Tradition or “Case Law” (Stare Decisis) rather than Fundamental Law because the Plaintiff did not adequately present the Case to that fundamental point.
10th Amendment - http://www.gpoaccess.gov/constitution/html/amdt10.html
9th Amendment - http://en.wikipedia.org/wiki/Ninth_A...s_Constitution
Search - http://search.yahoo.com/search;_ylt=...fp-t-468&x=wrt
Speaking of traditions, don't you think that the tradition of private property rights is reflected in the Constitution? I don't believe that it is in any way opposition to the intent of the Founding Fathers.
I don't see how the Constitution supports state planning principles. The Constitution recognized that planning and community development were matters best left to local governments. The Founders put their faith in the people to handle these issues, and I don't think they were concerned that the results wouldn't be "orderly and systematic". Their experience with urbanism would have left them with little reason to worry about this.
Well, the Traditions I had in mind were those that allow Commerce to be regulated by Local government. That has perpetuated the Feudal System and is why the use of Eminent Domain has been misused. The reason Commerce was delegated to the Central Government is explained by A. Hamilton in Federalist Paper #17.
In the Laissez Faire economics of the American Revolution, Land was to be held in Common rather than as Private Property which is derived from Labor and Capital - it may seem paradoxical but that system would actually secure the right to private use and facilitate good planning. See SVT in my signature below - http://www.cyburbia.org/forums/showp...6&postcount=32 .
Our Central Federal System of Government serves to protect and secure the rights of Individual Citizens; we are the true Sovereigns; The Feudal System as much as the Monarchy sought to make slaves of us. The People can go to the Federal government for protection, now. I refer to the Traditions that have obscured that.
Last edited by bud; 16 May 2007 at 3:06 PM. Reason: clarify