Dr. Sowell weighs in on the SCOTUS
With Property rites,
What the latest Supreme Court decision does with verbal sleight-of-hand is change the Constitution’s requirement of “public use” to a more expansive power to confiscate private property for whatever is called “public purpose” — including turning that property over to some other private party.
What are legislatures for except to legislate? What is the separation of powers for except to keep legislative, executive and judicial powers separate?
When the 5 to 4 Supreme Court majority “rejected any literal requirement that condemned property be put into use for the general public” because of the “evolving needs of society,” it violated the Constitutional separation of powers on which the American system of government is based.
When the Supreme Court majority referred to its “deference to legislative judgments” about the taking of property, it was as disingenuous as it was inconsistent. If Constitutional rights of individuals are to be waved aside because of “deference” to another branch of government, then the citizens may as well not have Constitutional rights.
What are these rights supposed to protect the citizens from, if not the government?
Judges who take an oath to uphold the Constitution do not take an oath to uphold liberal precedents. If liberal members of the Senate Judiciary Committee try to impose such a commitment on judicial nominees, we can only hope that others will have the sense and the guts to expose and oppose such tactics.
No policy litmus test — “mainstream” or otherwise — should be applied to any judicial nominee by either party, not if you want judges committed to the law, rather than to particular policy outcomes.
Sluggo ponders some Shore property. . .