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For once I agree with Scalia and Rehnquist

 
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bucheon bum



Joined: 16 Jan 2003

PostPosted: Fri Jun 24, 2005 2:48 pm    Post subject: For once I agree with Scalia and Rehnquist Reply with quote

This week, the Supreme Court voted 5-4 to allow the city of New London, CT to seize property in order to develop a commercial area. The five who voted in favor of it are Stevens, Bryer, Souter, Kennedy, and Gingsburg. Talk about giving corporations more power yet again. Good ol' DC.

http://news.yahoo.com/s/ap/20050624/ap_on_go_su_co/scotus_seizing_property/nc:716;_ylt=AlD3lNg4Cat4GBJCxnx39Md34T0D;_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCUl

Better not buy a house that might become a commercial area someday.
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Emma Goldman



Joined: 16 Jun 2005
Location: state of anarchy

PostPosted: Fri Jun 24, 2005 3:57 pm    Post subject: Reply with quote

bucheon bum wrote:
This week, the Supreme Court voted 5-4 to allow the city of New London, CT to seize property in order to develop a commercial area. The five who voted in favor of it are Stevens, Bryer, Souter, Kennedy, and Gingsburg. Talk about giving corporations more power yet again. Good ol' DC.

http://news.yahoo.com/s/ap/20050624/ap_on_go_su_co/scotus_seizing_property/nc:716;_ylt=AlD3lNg4Cat4GBJCxnx39Md34T0D;_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCUl

Better not buy a house that might become a commercial area someday.


I'm shocked that Ginsberg voted for it and O'Conner was the one to launch the stern dissent:

Quote:
Stevens' opinion provoked a strongly worded dissent from Justice Sandra Day O'Connor, who wrote that the ruling favors the most powerful and influential in society and leaves small property owners little recourse. Now, she wrote, "the specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory."

http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/06/24/MNGHTDEBTV1.DTL

Funny how property rights really matter in a capitalist state. And who they matter for.
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Fri Jun 24, 2005 4:34 pm    Post subject: Reply with quote

Quote:
Funny how property rights really matter in a capitalist state. And who they matter for.



That's pretty cryptic, even for a dead woman. Mind elaborating?
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Bulsajo



Joined: 16 Jan 2003

PostPosted: Fri Jun 24, 2005 4:47 pm    Post subject: Reply with quote

Ya-ta Boy wrote:
Quote:
Funny how property rights really matter in a capitalist state. And who they matter for.



That's pretty cryptic, even for a dead woman. Mind elaborating?

Rorschach question- interpret it any way you like.
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Fri Jun 24, 2005 5:43 pm    Post subject: Reply with quote

Quote:
Rorschach question- interpret it any way you like.


That's not far off a definition of anarchy, is it?
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Emma Goldman



Joined: 16 Jun 2005
Location: state of anarchy

PostPosted: Fri Jun 24, 2005 5:52 pm    Post subject: Reply with quote

Ya-ta Boy wrote:
Quote:
Rorschach question- interpret it any way you like.


That's not far off a definition of anarchy, is it?


Cool

It seems to me, in my muddled dead memory, that property rights are the linchpin of capitalism. Yet it is primarily the property of the wealthy that generally gets protection. The property in question in this Court decision is that of working class people.

Quote:
The Supreme Court rules that local governments can seize a person's home or business in order to make way for private economic development. The 5-to-4 decision was a defeat for seven Connecticut property owners whose homes are slated to be torn down for a development project that would include a hotel and offices.


Or, as someone once said, some are more equal than others.
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Nowhere Man



Joined: 08 Feb 2004

PostPosted: Sat Jun 25, 2005 8:03 am    Post subject: ... Reply with quote

This may seem a bit odd, but I thought the government was always able to do this.

I thought it was about how much they would pay you.

My Government teacher told me to immediately bury a few paupered dead there so they'd pay you the highest price: cemetary rates.

Not that I want them to, but doesn't the government have eminent domain over all US land?

In other words, are we talking eminent domain as it's been applied to poor people for decades if not centuries, or something new?

Perhaps I'm ill-informed.
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bucheon bum



Joined: 16 Jan 2003

PostPosted: Sat Jun 25, 2005 9:13 am    Post subject: Reply with quote

Yes, so it can build a school, freeway, etc, not for some damn strip mall.
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Hank Scorpio



Joined: 18 Jan 2003
Location: Ann Arbor, MI

PostPosted: Sun Jun 26, 2005 4:19 am    Post subject: Reply with quote

I don't see why you'd be so shocked to find yourself in agreement Scalia, Rehnquist and Thomas; they're strict constructionists. Screw the whole idea of "balance" when it comes to the SCOTUS, I want judges who will follow the exact letter of the constitution and nothing else. You'll also note that Rehnquist dissented on the marijuana ruling while the "left" judges ruled against medical marijuana. And again, Rehnquist and Scalia were the two main voices speaking out against the entire idiotic notion of using the laws of other countries to interpret our own.

The "living, breathing document" school of the judiciary can all kiss my black ass.
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Ya-ta Boy



Joined: 16 Jan 2003
Location: Established in 1994

PostPosted: Sun Jun 26, 2005 4:46 am    Post subject: Reply with quote

Quote:
The "living, breathing document" school of the judiciary can all kiss my black ass.



I consider myself a constitutional conservative but it can be taken too far. The example that comes to mind are the idiots who said the government couldn't build the interstate highway system because there is not a specific clause in the Constitution. Idiots, I say. Idiots.
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bucheon bum



Joined: 16 Jan 2003

PostPosted: Sun Jun 26, 2005 5:53 am    Post subject: Reply with quote

Hank Scorpio wrote:
I don't see why you'd be so shocked to find yourself in agreement Scalia, Rehnquist and Thomas; they're strict constructionists. Screw the whole idea of "balance" when it comes to the SCOTUS, I want judges who will follow the exact letter of the constitution and nothing else. You'll also note that Rehnquist dissented on the marijuana ruling while the "left" judges ruled against medical marijuana. And again, Rehnquist and Scalia were the two main voices speaking out against the entire idiotic notion of using the laws of other countries to interpret our own.

The "living, breathing document" school of the judiciary can all kiss my black ass.


actually scalia, who you hold in such high regard, ruled against medicinal marijuana. Hence another reason for the title to this thread. You're right about rehnquist though.
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