Sunday, July 17, 2005

Judicial Activism - Eminent Domain

We respectfully ask that you read the entire post before commenting the first time, but for your convenience we have put a jump to the comments section right here, so that you can easily find them.

With the recent political atmosphere, what better subject to pick than judicial activism. The left are poised to attack whoever our President appoints, even though he hasn't even picked anyone yet. GWB says that there will be no litmus test, but that is just what the left wants. Their big stance is held up on abortion. They are ready to oppose anyone if their judicial philosophy differs from theirs. This IS judicial activism that they are seeking.

I see it happening all the time. The judicial branch of our government goes un-checked. They are there for life, and from both sides of the political spectrum they legislate from the bench. One particular case that I think all of us will agree that they overstepped their boundaries was Kelo V. New London in which they decided that city governments could take YOUR private property if it were deemed something more lucrative would be more beneficial to the "common good".

To be frank, this decision pissed me off. I fumed for quite a few days about this one. However, I did take some comfort in the fact that Jusice could be served to those who serve justice. Ha! Judge not lest ye be judged.

I see it happen all the time. Judges creating laws instead of interpreting the Constitution. Even some trying to use foreign law to help in its decisions. There has to be a solution to fix this. But what? I'm not sure. Thomas Jefferson proposed term limits that would be reviewed for reinstatement by a Congress committee. But I'm not sure that would work either. Whatever it is...something needs to be done. If judicial activism didn't exists it wouldn't be such a huge fight over them, and they would be hired, as our President says, without a litmus test.

My friend Lee Ellis has a great summary about this Here

In closing I'll let him sum it up.

Yes, Congress does advise and consent with an up and down vote, but not with a filibuster or a refusal to allow a full vote. The choice of a federal judge appointee has always been with, and should remain, the domain of the Executive branch of government led by the President of the United States of America.

Will our Supreme Court once again be a Constitutional one, or will it rival Congress as a new Legislative branch? It is up to us to back the President's choice of Supreme Court judges who will defend and protect the true meaning of our most revered document, the American Constitution!


Something needs to be done to stop the judicial tyranny we face in today's America. It needs to be brought to the forefront of American conversation.

Jay - Stop the ACLU


I can think of no better explanation of the stupidity of the Supreme's ruling than the final paragraph Justice Thomas' dissent:
The Court relies almost exclusively on this Court’s prior cases to derive today’s far-reaching, and dangerous, result. See ante, at 8—12. But the principles this Court should employ to dispose of this case are found in the Public Use Clause itself, not in Justice Peckham’s high opinion of reclamation laws, see supra, at 11. When faced with a clash of constitutional principle and a line of unreasoned cases wholly divorced from the text, history, and structure of our founding document, we should not hesitate to resolve the tension in favor of the Constitution’s original meaning. For the reasons I have given, and for the reasons given in Justice O’Connor’s dissent, the conflict of principle raised by this boundless use of the eminent domain power should be resolved in petitioners’ favor. I would reverse the judgment of the Connecticut Supreme Court.
"We should not hesitate to resolve the tension in favor of the Constitution's original meaning." In the end that statement sums up the issue of Judicial Activism, of which Kelo v. New London was but the latest casualty. Original intent was considered for most of the history of the courts. Today, for at least 4 and sometimes 5 of the Supreme Court Justices, that venerable standard is ignored. In a recent death penalty case, it was ignored in favor of international laws far removed from the Constitution and precedent of our own country!

This ignoring of Original Intent in favor of a "Living Constitution" puts the American people, and the other two branches of government, at the mercy of whatever five unelected men and women may "feel" at the time. In doing so, they violate the very foundations of our Republic.

One last quote, from Chief Justice Warren Burger, as quoted in Mark R. Levin's groundbreaking book, Men in Black:
The Constitution does not constitute us as "Platonic Guardians" nor does it vest in this court the authority to strike down laws because they do not meet our standards of desirable social policy, "wisdom" or "common sense"....We trespass on the assigned function of the political branches under our structure of limited and separated powers when we assume a policymaking role.
This court has time and again assumed a policy making role, usurping the authority of the Legislative branch, and at times even the Executive branch. This trespass must be brought to an end through the appointment of Justices who will hold to The Original Intent of The Constitution. This is what President Bush has promised to do. Nothing is more important to the preservation of our Republic than this.

Mark - Liberty Just In Case


I firmly believe that no one should be able to make a career out of politics of any kind. The ability to have new blood in office or places of power would be an advantage to the American Public. New times, call for new leaders and as we all know, our world changes by the day.

I do believe that the choice for the Supreme Court should be based upon the strictest interpretation of the Constitution and Laws of the Land. That will not be a popular view for many, but yet—is that not what a Supreme Court Justice is to do?

Personally, I think that all of the judges and politicians should have to leave office at a set date. Much like the Presidency, two terms should be as long as any of them can serve in one office.

In so doing, we allow new blood, fresh ideas and vision to come in and have a say in the government of the people.

Nariel - Ancient Eyes for Current Times


The Kelo Decision , in my opinion, is the worst decision by the Supreme court in my lifetime.

Eminent Domain was meant to be used for the communities good, something everyone would use, like a highway, or a school. But now Simple Taxation is enough.
Now any politically well connected developer who can elude to the fact that the city could make more tax revenue from their venture, on your land, can make a case, and the city can take your land from you (as long as they compensate you) and give it to the developer. This is just wrong. Our land is one of our most cherished assets in this country.

Oh , of course this has happened before, but it was always in the shadows, a shady set of actions, no-one ever really heard about. Just before this horrible ruling, we had a case just like this in Reno. A smaller casino called "The Old Reno Casino" was "condemned" by the Reno City Council and sold to a larger casino conglomerate. The worst thing about it, the property owner was "compensated" one dollar ($1.00). That my friends is the real danger, other than just loosing your home, you could loose everything, because compensation is determined by the same people that would take your home in the first place.

We can't let this one go quietly, or judiciary has to much over reaching power. I don't have a solution, but I sure will back anyone who has a reasonable one.

Zaphriel - Birth of a Neocon
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