You totally missed my point. I'll repeat it here once for your benefit:
if you look at what rights Fifth Amendment was protecting, you can see that this clause was a limit on government power, NOT a grant of power;
It takes two parties for a transaction to be complete. The government can offer to buy land, but it does not have the power to take land. Such a Hamiltonian view only leads to a usurpation of power culminated in a dictatorship, exactly what the Constitution was designed to prevent.
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ninetydegrees
(no subject)
It takes two parties for a transaction to be complete. The government can offer to buy land, but it does not have the power to take land. Such a Hamiltonian view only leads to a usurpation of power culminated in a dictatorship, exactly what the Constitution was designed to prevent.