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Re: OT: eminent domain, a little good news for onc
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Posted by Rod (NH) on June 30, 2005 at 19:51:43 from (64.140.200.138):
In Reply to: OT: eminent domain, a little good news for once posted by Midwest redneck on June 30, 2005 at 17:40:27:
I do not believe Congress can reverse a US Supreme Court decision just by passing a law. As I see it, there are only two ways to get this decision reversed at the federal level: 1) a constitutional amendment - initiated by a vote of Congress, but taking years to ratify in the states or 2) a change in judges on the Court (plus a test case that reaches it in order to provide an opportunity for reversal). Since the ruling on the federal level is permissive by nature, the best and most immediate "fix" for this travesty is action at the state level to prohibit such activity, by state constitutional amendment if necessary. Both 1 and 2 above can and should be pursued for the longer term but the quickest way in the interim is for the states to take their own corrective action. If 2 happens maybe Justice Souter can provide the test case himself in the unlikely event that the hotel deal gets real traction :o). The hotel deal is really not the way to address the matter, although it is an interesting turn of events. The issue goes much deeper than this single decision. There have been a lot of decisions not consistent with the plain wording of the Constitution, thanks mostly to the specific justices you mention. The idealogical makeup of the Court has to change in the next three years to have any chance at all of reversing the tide of judicial "activism". The stage is set and the political battles are about to begin. Don't miss out on making your views known to your US senators regarding any nominees to the Court that the President may submit.
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