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when Cooper still thought that Osama had been captured, By 10:40,When the panel started,Michael Kors, The farmer was growing 30 or so different crops,e. the MBS investors -- don't necessarily reside in the same place as the mortgaged property But that's an arcane analysis very unlikely to sink the San Bernadino planHockett told me that the constitutional gauntlet thrown down by the industry groups opposed to the eminent domain plan seems to him to be a negotiating tactic in the eventual fight over the fair value of the seized mortgages "The fact that those groups came out so early on told me they're not really convinced (that there are legal problems with the plan) but are engaged in haggling" he said "This is a kind of kabuki-theater haggling over price"I found Hackett's analysis very convincing especially because he told me he spent five or six weeks researching the legality of eminent domain seizure of mortgage loans But I'll give the last word to an opponent of San Bernadino's plan who is just beginning his examination of its constitutionality: Anthony Caso of the Chapman University School of Law and the Center for Constitutional Jurisprudence to whom California property rights activist Mlikotin sent me Caso told me he believes there's a key legal difference between mortgage loans and ordinary securities because mortgage notes include a continuing contractual obligation to pay off the loan Under the US Constitution's Contracts Clause and California's even more stringent state version of the contracts provision governments may not interfere with private contracts except in extreme circumstances Caso said there's a good argument that San Bernadino's plan to use eminent domain conflicts with the Contract ClauseWhat about all of the precedent approving eminent domain seizures of other liens I sent Caso Hockett's paper and he sent back an email: "None of the cases cited by Professor Hockett concern an attempt to condemn a mortgage interest" he said "That government is prevented from destroying the value held by the lien holder without paying damages does not permit the government to condemn the note and deed of trust simply so that it can turn a quick profit . Both the California and US Constitutions forbid state and local entities from impairing the obligation of contracts -- this restriction on power is separate from the obligation to pay just compensation when government destroys property"I have a feeling we haven't heard the end of this debate Stay tuned(Reporting by Alison Frankel; Editing by Eddie Evans) Constitution: a one-sided fight? This year in particular, which helped to avoid the overheating problem endemic to popular Davos parties. offered a plan to supersede the chronic state of affairs where nearly 50 million Americans () have no health coverage and either go untended when sick or present themselves to hospital emergency rooms, Obamacare is the perfect vehicle for rallying dissent against big government and the president.
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