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View Diary: Dam Indians: The Missouri River (48 comments)

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  •  asdf (0+ / 0-)

    "Stolen" is a legal rather than a moral term.  If someone wants to argue that Congress' application of eminent domain is immoral, I'd be willing to hear it, but I feel obligated to clear up misconceptions that cacamp apparently has about Congress' power to authorize eminent domain in these cases.

    •  Sorry, nope. And I'd bet that cacamp has (1+ / 0-)
      Recommended by:
      Kitsap River

      just a bit more experience in this particular legal venue than you (and if that weren't true, then you'd probably already know each other.)

      •  I'm perfectly willing to let... (0+ / 0-)

        cacamp cite some case law that supports his contention, but he cited none.  If he or you want to argue that the Head Money Cases or Lone Wolf v. Hitchcock are no longer good law, then please do, but that hasn't happened.  It's not good enough to just guess about how the law works.

        •  the specifics of the Head Money (2+ / 0-)

          and the Lone Wolf cases you cite - I seem to recall the decisions in these pertain to specific versus general applicability as to whether statutes override treaties.

          It's been a few decades since I studied these and unfortunately, I don't have the time or energy to review them again, but perhaps your blanket statement that these cases set precedence of statute or Congressional law over treaty rights isn't as straightforward as you suggest.

          "We are one, after all, you and I, together we suffer, together exist, and forever will recreate each other."
          Teilhard de Chardin

          by exmearden on Wed Mar 31, 2010 at 01:10:53 AM PDT

          [ Parent ]

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