Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: SoCal Pubbie
I would agree with "one of the worst" decisions since Dred Scott, but "the worst"? What about Plessy v. Ferguson and Roe v. Wade?
3 posted on 09/22/2011 11:03:06 AM PDT by Verginius Rufus
[ Post Reply | Private Reply | To 2 | View Replies ]


To: Verginius Rufus

Wickard V Filburn - blew a hole in the constitution that opened the way for the imperial Federal Government.

http://en.wikipedia.org/wiki/Wickard_v._Filburn


4 posted on 09/22/2011 11:11:13 AM PDT by DManA
[ Post Reply | Private Reply | To 3 | View Replies ]

To: Verginius Rufus
My criteria is how a decision affects the control of the individual by the State. In that regard Dred Scott has to stand out as the greatest miscarriage of justice in American history.

Plessy v. Ferguson, if I understand the case correctly, said the the State had the right to pass laws that mandated private companies to provide separate but equal accommodations. While it might have been wrong and unjust, it did not take away the rights of blacks to move freely and travel via rail.

Roe v. Wade did not further the State's power to control personal decisions. The legal reasoning may be suspect, but it was in a way a libertarian decision.

Kelo allows the State to take whatever it wants, at any time. The fact that they have to pay compensation is of little value since it's not a real transaction in the sense a private deal is.

7 posted on 09/22/2011 11:57:06 AM PDT by SoCal Pubbie
[ Post Reply | Private Reply | To 3 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson