A Call for Impeachment
Yesterday the Supreme Court voted 5-4 to set a precedent that effectively repeals a portion of the fifth amendment.
The Constitution, in its fifth amendment:
Hardly public use.
This is one of the worst decisions in U.S. history. The foundation of American society is private property, and I think Justices Stevens, Breyer, Souter and Ginsburg should be impeached.
The Constitution, in its fifth amendment:
...nor shall private property be taken for public (emphasis added) use, without just compensation.Justice Stevens, writing for the majority:
The city has carefully formulated a development plan that it believes will provide appreciable benefits to the community, including, but not limited to, new jobs and increased tax revenueThe "development plan" in question will evict families from their long held homes and businesses to build a "waterfront hotel and conference center, office space and 80 residential properties."
Hardly public use.
This is one of the worst decisions in U.S. history. The foundation of American society is private property, and I think Justices Stevens, Breyer, Souter and Ginsburg should be impeached.
8 Comments:
An interesting analysis:
http://www.opinionjournal.com/editorial/feature.html?id=110006862
By Ben Polidore, At 2:09 PM EDT
I am horrified by the opinion. For once we agree that the court has overstepped its bounds.
By Tim McGuire, At 2:32 PM EDT
Any idea what this Raich v. Gonzalez Commerce clause case is about?
By Tim McGuire, At 2:34 PM EDT
That's the medical marijuana case. They basically used the commerce clause to grant the federal government the ability to ban marijuana grown by one person in one state to be consumed by that same person.
Thus, the case has nothing to do with anything interstate or commerce.
By Ben Polidore, At 2:36 PM EDT
That's very strange, because this Court has usually struck down legislation enacted under commerce power.
By Tim McGuire, At 10:43 PM EDT
Probably because they didn't agree with the outcome of those particular cases. This court basically decides what it thinks is right or wrong then finds constitutionality in that judgement-- scary power for 9 people.
By Ben Polidore, At 9:32 AM EDT
That criticism applies to Scalia and Thomas as well as Ginsburg and Breyer... although, in a way, the Supreme Court has always reasoned deductively rather than inductively.
By Tim McGuire, At 7:23 PM EDT
Check out the Becker-Posner blog for an analysis.
By Holmes, At 12:38 AM EDT
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