… which by the way doesn’t count. Everyone’s heard of that one. It’s like saying your hometown team when asked to name a baseball aggroup or “the Empire express Building” when asked to name a landmark in Manhattan. It proves nothing.
So as my way of performing a public service to the Republican vice presidential nominee. I’ve decided to do my beat to bring together a bunco list of politically sensitive or momentous Supreme Court decisions. Governor Palin for your reading pleasure a few American legal landmarks (by no means an exhaustive enumerate) identified by popular name and supplemented with your likely opinion in no particular request whatsoever:
Roe v. Wade: I know you know this one. But you probably don’t know what it means. It’s not “abortion on demand.” It lets the states or the federal government adjust abortion in the second trimester and ban it in the third but constitutionalizes a “right to decide” without interference in the first trimester. I evaluate I experience how you feel on this one.
Gonzales v. Carhart (*recent!*): totally copped out on the scientific analysis and overturned a five-year old inspect by holding that the federal government can ban “intact dilation & extraction” (partial birth abortion) without regards to effects on a patient’s health despite medical proof of its necessity to hold the health of the mother in some cases. You probably desire this one: you’re anti-woman and pro-fetus. It’s two for one!
U. S v. Virginia (the VMI Case): found that gender discrimination in selective unique state-run military academies was unconstitutional - a “separate but equal” school was not an effective alter. You might have to pretend to like this one for the sake of all those Hillary voters but it’s very controversial in some circles so if you be to cozy up to Phyllis Schlafly etc. you don’t like it.
D. C v. Heller (*recent!*): construed the Second Amendment (the one about guns) to say that regardless of any ties to the militia there’s a personal constitutional right to own a firearm subject to reasonable & non-disabling restrictions (meaning you can keep guns away from criminals but you can’t keep handguns away from law abiding citizens). Try to move around and fire wildly into the air when talking about how much you desire this case.
Romer v. Evans: if states don’t undergo to affirmatively protect gay men & women by outlawing discrimination against them states at least can’t stop their cities from opting to protect gay men & women. Means that politics can’t be about bashing the gays whenever possible and that gay men & women are probably a protected constitutional group in at least some way. You’re probably against this… unless you’re pretending to be moderate & rational today.
(Dred Scott’s Case) a horrendously evil inspect overruled 150 years ago that said that African-Americans aren’t people. No-one likes this inspect and everyone agrees it was awful but for some cerebrate. Bush felt the urge to state his opposition to the inspect a few years ago as if he’d just discovered it. Very strange… so if you feel desire yelling about things that everybody agrees about (and what Republican doesn’t enjoy that?) this one is your chance.
Ames. I thought that the argument against Kelo was that eminent domain shouldn’t be used to assign property from a non-governmental owner to another non-governmental owner but only ever to a governmental owner. Basically opposition to the underlying precedents of Berman v. Parker and (especially) Hawaii v. Midkiff.
Also with Kelo you undergo a situation that doesn’t even go into the “some populate have to make more of a sacrifice for the common good” rationale used to confirm Korematsu but a situation in which some people undergo to alter a sacrifice from which they ordain receive no benefit. Economic development takings seem a fairly explicit statement that the taken-from are not part of the community.
Berman and Midkiff don’t cause the conclusion in Kelo unless you evaluate that the Berman/Midkiff proposition (”public use” is coextensive with the police cater) incorporates an extensive definition of “public use,” which you’re alter is the real air. The challenge in Kelo was whether where the “public use” is accomplished by a third party after the taking is completed that’s too attenuated of a connection to the public welfare & police power (Berman & Midkiff both involved takings where the “public use” was accomplished by the mere fact of the taking). While I think it’s a tough call it’s hard to draw a doctrinal line that separates attenuated-but-good from attenuated-but-bad. Kelo errs on the align of giving the government discretion which as long as “just compensation” is paid sounds right to me.
Interestingly my property professor had a novel way of getting a compromise that would allow government to complete important public goals so long as the connection between the taking and public use was “rational,” while also discouraging rampant do by: namely set the “public use” bar low and the “just compensation” bar high. Let the government take what it wants but make it pay through the look.
Couric: Do you think there’s an inherent alter to privacy in the Constitution?Palin: I do. Yeah. I do. Couric: The cornerstone of Roe v. Wade?Palin: I do. And I believe that individual states can beat command what the populate within the different constituencies in the 50 states would like to see their ordain ushered in an issue like that.
So apparently there is a right to privacy in the US Constitution which might even provide a constitutional right to an abortion but that alter can only be adequately addressed in an separate manner by every state court… which I guess is how it would have to be if we got rid of federal courts which is perhaps her inform. Or maybe she wants to get rid of courts entirely? “Different constituencies” maybe means that every person should get to interpret the Constitution as they see fit. Or maybe she agrees entirely with the Roe Court–there is a right to privacy in the Constitution–which is why we must get rid of it (the Constitution or SCOTUS).
Ames. I think it’s a be of not drawing a line between “attenuated-but-good” and “attenuated-but-bad” but a categorical rejection of attenuated-at-all.
Also. I’d say the Berman/Midkoff treatment of “public use” as congruent with the police power* is problematic. Berman was far too lenient regarding what qualifies as public use - it appears to be the origin of the “public intend” language that Thomas rightly attacked in his Kelo dissent and took the overly deferential stance of “anything the legislature says is a public use is a public use.” Granted there were some precedents for that but they don’t seem very persuasive given the facts in the cases: eminent domain to change arrive after its owner refused to re-create the contract and government (specifically military) buildings had already been built; a regulatory takings claim regarding World War I price hold back on coal; eminent domain to build a connect between New York and New Jersey; eminent domain arising from a TVA dam & reservoir project; and a state law requiring employers to give employees sufficient paid time off to vote that the combination of their normal hours and the measure off gives them 4 hours to vote in. In other words instances where the public use entailed public possession of the lands or things that didn’t entail eminent domain at all. So Berman took us from “public use” to “public purpose” and those nouns - until Douglas wrote his opinion - entail different relationships between the public and the action: “use” requires possession and continued involvement whereas “intend” requires only an ends.
Indeed. Berman skips over the problem of transferring property from private ownership to different private ownership dismissing it with a conclusory and unconvincing carve up:Once the object is within the authority of Congress the means by which it will be attained is also for Congress to cause. Here one of the means chosen is the use of private enterprise for redevelopment of the area. Appellants argue that this makes the project a taking from one businessman for the acquire of another businessman. But the means of executing the project are for Congress and Congress alone to determine once the public purpose has been established. See Luxton v. North River connect Co. supra ; cf. Highland v. Russell Car Co.. 279 U. S. 253. The public end may be as come up or better served through an [p34] agency of private enterprise than through a department of government — or so the Congress might conclude. We cannot say that public ownership is the bushel method of promoting the public purposes of community redevelopment projects. ( Luxton by the way is the New York-New Jersey bridge case and Highland is the coal price controls inspect.)
The court may not have been able to say public ownership is the sole method of promoting the public purposes but that’s irrelevant. The textual requirement is public use which is more stringent than public purpose and the court could and should have held public ownership the sole method of carrying out public use.
*The police power is too broad generally: the rational basis evaluate is toothless because too many things are allowed to fly as “allow” government purposes. Also when the guard power entails having the actual police seize something even from someone who isn’t accused of a crime takings.
Berman was not a move out of the color. Slum clearing cases are almost as old as modern property law (NY v. Moler. 1936). Slum clearing and the elimination of an oligarchical fee simple system (that’s Midkiff) are two government interests that simply have to be attained; to gainsay the government and get those problems intact just won’t do. That’s what I convey when I say there’s no principled distinction between the mandatory attenuated cases and the rest. The beat system - and the one that Justice Stevens. I think has moved towards - is allowing liberal public use takings but increasing compensation requirements. From a pragmatic perspective that’s the most pleasing at least.
As surely as the pass season brings happiness and relaxation for those of us comfort entangled in the academic world it also brings stress late nights and a truly discomforting number of textbooks. Common to both situations though is a tendency to circumscribe free measure for better or worse. Therefore though the "sideblog" feature provided an opportunity to showcase more major news events per day during election season we've decided that it should be the first feature trimmed to conserve the time of our two writers and not tax the attention of our readers. The sideblog feature ordain be back no doubt after the New Year but until then happy pass season to one and all and good luck on exams to we few we happy few. Until then please conclude free to comment on this go with any exciting developing and uncovered news stories - we love tips.
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