Homestead mailing list

[Clansgian AT wmconnect.com]

In a message dated 7/6/2005 12:59:11 AM Eastern Standard Time, 
melody AT crecon.com writes:


> Rob wrote:
> >I can see you don't like the SC but that is the way it works <shrug>.
> >Of course we can always change the Constitution.
> >
> 
> Perhaps it might help if you actually read the Constitution.
> 

Melody has a good point here.  Lower courts rely heavily on case law.  When 
case law begins to drift from the Constitution, as is the instance with 
eminent 
domain, the SC is suppose to view it 'de novo' and make an interpretation 
strictly on constitutional grounds.  It is in that respect, the check and 
balance 
against foul case law.  The current political activist SC has too often set 
aside the strict intent of the constitution and substituted case law and 
world 
opinion in place of it.  That is what's happening with eminent domain.  Look 
at the majority and minority opinions.  The former relies heavily on case 
law, 
the latter on the Constitution.

While the SC is indeed the last word, the scope of that last word is strictly 
prescribed.  The current SC has stepped beyond that.  And I agree with Melody 
that they are the enemy of the Constitution.

James