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  • From: Clansgian AT wmconnect.com
  • To: homestead AT lists.ibiblio.org
  • Subject: Re: [Homestead] An article cheering the Supremes
  • Date: Wed, 6 Jul 2005 01:32:47 EDT

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




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