Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

The Supremes: Trashing the Constitution - (Founders would be disheartened, if they knew!)
OPINION EDITORIALS.COM ^ | JUNE 24, 2005 | GEORGE C. LANDRITH

Posted on 06/24/2005 2:54:11 PM PDT by CHARLITE

click here to read article


Navigation: use the links below to view more comments.
first previous 1-20 ... 121-140141-160161-180181-199 next last
To: Ken H
"Could that be because the Takings Clause was incorporated, and therefore applied to the local governments?"

No. Simply because of the plain language of the Takings Clause. Only five liberal justices on the USSC could come up with such an expansive interpretation.

Thanks to incorporation, these five had the wonderful opportunity to express their views to 300 million citizens. Which happens to carry some weight. Which you continue to deny.

"The cities would have had the green light, as far as the Fifth is concerned, quite some time ago had it not been incorporated"

In their particular state, yes. BUT, they would have needed a State Supreme Court liberal enough, with enough imagination, and with the cojones, to come up with this doozy of an interpretation.

NOW, with the blessing of the USSC, the task of implementing such schemes are made easier. It's the, "If it's legal, I can do it, and don't you dare criticize me" -- this time at the local governmental level. Nationwide. Thanks to incorporation.

Riddle me this, KenH. I'd feel better if you could name one ruling by the USSC where the states have (constitutionally) given its citizens more liberty than the USSC. Hell, even the asset forfeiture laws of most states are more rigid than that of the feds.

"The effect of incorporation of the Second, coupled with a negative ruling on the RKBA, would be just like the Kelo case and property rights."

You bet it would! Everything I stated above would also apply to a negative ruling on the RKBA.

You need to take a good honest look at this USSC with its recent rulings on sodomy, CFR, the Takings Clause ... and ask yourself how they would come down on a second amendment issue. I cannot believe some on this board are actually anxious for this court to rule on any gun issue, much less incorporating the second and sending every contested gun issue to these five liberal jerkoffs.

Given second amendment incorporation, you expect me, robertpaulsen, to believe that if the USSC ruled that the second amendment did not protect the right to concealed carry (which they could easily do), it would have no subliminal effect on the existing laws of the 40+ states that now allow it?

In ... your ... naive ... dreams.

141 posted on 06/27/2005 6:11:15 AM PDT by robertpaulsen
[ Post Reply | Private Reply | To 139 | View Replies]

To: Know your rights
"Why is nearly-unlimited federal government power better than nearly-unlimited local government power?"

It's not a matter of better. It's what's constitutional.

If the concept of "better" is important to the citizens, and if the states can indeed do it better, the citizens have the power to change the constitution.

142 posted on 06/27/2005 7:05:17 AM PDT by robertpaulsen
[ Post Reply | Private Reply | To 137 | View Replies]

To: the gillman@blacklagoon.com
It's treason and it's socialism, but it's not democracy.

Well, it may be. And the two wolves just outvoted the sheep. But it sure isn't Constitutional republicanism.

143 posted on 06/27/2005 9:03:49 AM PDT by MileHi
[ Post Reply | Private Reply | To 19 | View Replies]

To: Ladysmith
So, in just two weeks, the Supreme Court has rendered two major decisions on the limits of government. In Raich v. Gonzales the Court said there are effectively no limits on what the federal government can do using the Commerce Clause as a justification. In Kelo, it's now ruled that there are effectively no limits on the predations of local governments against private property.

Funny, I called my congressman and one (repub) senator and told them that those two decisions plus the failure to secure our borders make this Government illegitimate, operating outside framework of the Constitution. They both reacted like I just said the moon is made of cheese...

I really wonder if any of them ever ponder what the Constitution says in relation to what they do every day.

144 posted on 06/27/2005 9:14:22 AM PDT by MileHi
[ Post Reply | Private Reply | To 37 | View Replies]

To: robertpaulsen
Only five liberal justices on the USSC could come up with such an expansive interpretation.

Only five liberal justices on the USSC could come up with such an expansive a rights limiting interpretation.

Thanks to incorporation, these five had the wonderful opportunity to express their views to 300 million citizens. Which happens to carry some weight. Which you continue to deny.

This ruling has already sparked legislative moves in TX, VA, and FL. So it appears to have had an effect opposite to what you speculate. I quote from your post #91, which is the correct taking on the Kelo case: "In this case, all the USSC said was that local government could seize property in this manner." It is still up to each state, just as it would be if the 5th amendment were not incorporated.

NOW, with the blessing of the USSC, the task of implementing such schemes are made easier. It's the, "If it's legal, I can do it, and don't you dare criticize me" -- this time at the local governmental level. Nationwide. Thanks to incorporation.

It is still up to each state, just as it would be if the 5th amendment were not incorporated.

I'd feel better if you could name one ruling by the USSC where the states have (constitutionally) given its citizens more liberty than the USSC.

How about Vermont on the RKBA vs. any USSC decision on the Second Amendment?

Everything I stated above would also apply to a negative ruling on the RKBA.

It would still be up to each state, just as it currently is, since the 2nd Amendment is not incorporated.

Given second amendment incorporation, you expect me, robertpaulsen, to believe that if the USSC ruled that the second amendment did not protect the right to concealed carry (which they could easily do), it would have no subliminal effect on the existing laws of the 40+ states that now allow it?

1. Concealed carry is not protected by the Second Amendment, in the eyes of the Court.

2. Concealed carry laws are State legislative acts, passed under State Constitutions. A negative ruling under an incorporated Second Amendment would mean it would still be up to each State, just as it is now under an unincorporated Second Amendment.

3. Your "subliminal effect" speculation is just that; speculation. In the Kelo case, the effect has spurred efforts at the State level to protect property rights, rather than overturning State ED protections.

145 posted on 06/27/2005 11:19:37 AM PDT by Ken H
[ Post Reply | Private Reply | To 141 | View Replies]

To: Ken H
"How about Vermont on the RKBA vs. any USSC decision on the Second Amendment?"

Bzzzzzt! Try again with a state law where the USSC has jurisdiction.

146 posted on 06/27/2005 11:40:52 AM PDT by robertpaulsen
[ Post Reply | Private Reply | To 145 | View Replies]

To: Ken H
"This ruling has already sparked legislative moves in TX, VA, and FL."

And the other 46 states?

Every poster on this board (so far) lacks your confidence in the states' doing the right thing. Why is that?

147 posted on 06/27/2005 11:44:32 AM PDT by robertpaulsen
[ Post Reply | Private Reply | To 145 | View Replies]

To: robertpaulsen
Try again with a state law where the USSC has jurisdiction. [name one ruling by the USSC where the states have (constitutionally) given its citizens more liberty than the USSC.]

Kelo:

"Indeed, many States already impose "public use" requirements that are stricter than the federal baseline."

148 posted on 06/27/2005 12:00:10 PM PDT by Ken H
[ Post Reply | Private Reply | To 146 | View Replies]

To: robertpaulsen
This ruling has already sparked legislative moves in TX, VA, and FL.

And the other 46 states?

Criminey, it's been less than a week. And some States already have equivalent or stronger ED protections than the Fifth Amendment used to provide.

Can you give any examples of States moving to weaken ED/private property laws, as you speculate might happen?

149 posted on 06/27/2005 12:06:25 PM PDT by Ken H
[ Post Reply | Private Reply | To 147 | View Replies]

To: Ken H
"many States already impose "public use" requirements that are stricter than the federal baseline."

I would hope so! This ruling just came down, so the states are still banning this kind of property seizure based on the old interpretation. We'll see for how long.

An example, please, other than ED.

150 posted on 06/27/2005 12:13:37 PM PDT by robertpaulsen
[ Post Reply | Private Reply | To 148 | View Replies]

To: Ken H
"Can you give any examples of States moving to weaken ED/private property laws, as you speculate might happen?"

Other than Connecticut? Not yet.

151 posted on 06/27/2005 12:15:34 PM PDT by robertpaulsen
[ Post Reply | Private Reply | To 149 | View Replies]

To: robertpaulsen
This ruling just came down, so the states are still banning this kind of property seizure based on the old interpretation.

And you have absolutely zero evidence that States will move to weaken property rights; whereas I gave you 3 examples of States already moving to strengthen them. All you have is a speculation that some "subliminal effect" will lead States to weaken property rights.

An example, please, other than ED.

I gave you an example which met your criteria, now you ask for more. Current case law basically says the Second Amendment provides no protection to the individual RKBA from any level of government. States are free to infringe the RKBA. What you said in #91 would apply:

"All the USSC said was that local government could seize property ban firearms in this manner. It is still up to each state, just as it would be if the 5th 2nd Amendment were not incorporated."

The ONLY argument you have against incorporation of the Second is robertpaulsen's "subliminal effects" test.

152 posted on 06/27/2005 1:09:01 PM PDT by Ken H
[ Post Reply | Private Reply | To 150 | View Replies]

To: robertpaulsen
Can you give any examples of States moving to weaken ED/private property laws, as you speculate might happen?

Other than Connecticut? Not yet.

That move was a done deal before the case even existed. We were discussing State moves as a result of this rights limiting decision.

153 posted on 06/27/2005 1:17:25 PM PDT by Ken H
[ Post Reply | Private Reply | To 151 | View Replies]

To: robertpaulsen
What stumps me is that the first [the Raich ruling] was cheered by many FReepers, but the second [the Kelo ruling] not at all. [...] Why is nearly-unlimited federal government power better than nearly-unlimited local government power?"

It's not a matter of better. It's what's constitutional.

You're saying that many FReepers think that the "substantial effects" extension of the Interstate Commerce Clause is Constitutional, but none think that the Kelo extension of the Takings Clause is Constitutional? I can't see why that would be the case.

154 posted on 06/27/2005 1:26:13 PM PDT by Know your rights (The modern enlightened liberal doesn't care what you believe as long as you don't really believe it.)
[ Post Reply | Private Reply | To 142 | View Replies]

To: robertpaulsen
[CT Governor] Rell Seeks Legislative Review of Ruling on Eminent Domain

A day after a ruling by the Supreme Court cleared the way for the city of New London to replace a residential neighborhood with a private development, Gov. Jodi Rell said on Friday that the Connecticut legislature "ought to consider" the state's eminent domain laws.

http://www.freerepublic.com/focus/f-news/1430347/posts

155 posted on 06/27/2005 1:27:22 PM PDT by Ken H
[ Post Reply | Private Reply | To 151 | View Replies]

To: Know your rights
"think that the "substantial effects" extension of the Interstate Commerce Clause"

"Substantial effects" is not a power. It's an explanation.

Congress gets their power to enact legislation over local possession and distribution via the Necessary and Proper Clause.

Which is constitutional.

156 posted on 06/27/2005 2:26:18 PM PDT by robertpaulsen
[ Post Reply | Private Reply | To 154 | View Replies]

To: Ken H
"All the USSC said was that local government could seize property limit speech in this manner. It is still up to each state, just as it would be if the 5th 1st Amendment were not incorporated." Is this true also?

Can a state allow slander? Hate speech? Vulgar language in print? Shouting "fire" in a theater?

In other words, can a state allow an expansion of the freedom of speech and freedom of the press beyond the limits of the federal government?

They sure as hell can't expand religious freedom to include the posting of the Ten Commandments, now can they?

157 posted on 06/27/2005 2:45:05 PM PDT by robertpaulsen
[ Post Reply | Private Reply | To 152 | View Replies]

To: Ken H

In other news, farmer Johnson thought it was a good idea to close the barn door after the horse was gone.


158 posted on 06/27/2005 2:47:31 PM PDT by robertpaulsen
[ Post Reply | Private Reply | To 155 | View Replies]

To: robertpaulsen
So you claim. I still don't see a plausible explanation of why the Raich ruling was cheered by many FReepers, but the Kelo ruling not at all.
159 posted on 06/27/2005 2:57:18 PM PDT by Know your rights (The modern enlightened liberal doesn't care what you believe as long as you don't really believe it.)
[ Post Reply | Private Reply | To 156 | View Replies]

To: Know your rights
"I still don't see a plausible explanation of why the Raich ruling was cheered by many FReepers"

You're just going to have to get more specific. What do you mean, "cheered"? Cheered constitutionally? Cheered morally? Legally? Socially?

How were "many FReepers" cheering this ruling?

160 posted on 06/27/2005 3:55:45 PM PDT by robertpaulsen
[ Post Reply | Private Reply | To 159 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 121-140141-160161-180181-199 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

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