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Wednesday, July 27, 2005
Judicial tyrants deferring to local authority
Oh, Schlafly, you make no sense (but you love Norm Coleman):The controversial court ruling on the United States' eminent domain law in the case of Kelo v. City of New London continues to spawn outrage among critics of the decision. One Christian activist and constitutional attorney is saying the ruling is just the latest example of judicial tyranny run rampant in America.
In Phyllis Schlafly's book, The Supremacists: The Tyranny of Judges and How to Stop It (Spence Publishing, 2004), she makes the case that since the 1950s the U.S. Supreme Court has been trying to usurp the power of the other branches of federal government over U.S. political, social, and economic policy. For the author, the Kelo v. New London lawsuit was another clear case of that problem, with the high court making its ruling in favor of government taking the land of private property owners for other private developers to use.
You can disagree with the Kelo decision, but there's no possible way to say that the Supreme Court usurped federal authority in the Kelo case. In Kelo, the City of New London was condemning property, which has nothing to do with the federal government. More importantly, the Supreme Court declined to overturn the actions taken by the City of New London. Just how does the Supreme Court usurp authority by deferring to the judgment of a local government?
