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Originally Posted by The_Jazz
I love how you accept that state courts will overturn these laws as fait acompli. It is by no means assured that these new laws will be ruled unconstitutional, especially in the face of the public outrage that the Kelo decision raised.
If you haven't read it already, I suggest that everyone take the time to sit down and read the actual decision.
http://www.supremecourtus.gov/opinions/04pdf/04-108.pdf
As Ace's article mentioned, there's an almost overt invitation to the states to rule otherwise and set their own standards. |
The courts are notorious for ruling against the people, even with the public outrage, when it comes to government decisions. Most notably gun rights cases but property rights as well as civil rights cases. Just because the USSC has decided that it properly belongs in the states court system does not mean that the state courts are going to side with the people, all it means is that they will use the USSC ruling that states the government can take from A and give to B because a larger tax base = public benefit. It is no different than the circuit courts stating that the 2nd amendment does not confer an individual right to bear arms because the 39 miller decision used the words 'effective militia'.
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"no amount of force can control a free man, a man whose mind is free. No, not the rack, not fission bombs, not anything. You cannot conquer a free man; the most you can do is kill him."
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