Comments on: Radio Nation Podcast

By: bookMAICYGOOM

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By: Jim Rockford

Jim Rockford — Tue, 30 Nov 1999 00:00:00 +0000

Somewhat vaguely on-topic Marc, what do you think of the Kelo decision and it’s impact on both the court battle for Rehnquist’s successor and politics here with Feinstein and Schwarzennegger?

My thinking is a Scalia type might be a lot more acceptable if he explicitly says, “no, governments don’t have the right to seize your home and give it to a private developer.” I also think that either Schwarzenegger or a Republican Challenger to Feinstein can use this issue to hammer Dems into the ground.

Bizarrely (or not) Pelosi went on record saying she felt the decision was, in her words, as if God had spoken and unchallengable, and opposed acts of Congress witholding funds from state and local entities confiscating housing for private development.

I think it boils down to Prop 13 Part Two; Dems endorsing basically Government taking your house away for a rich person’s private development, and their opponents saying no. If a Republican Strategist is smart he can play this up good; Dems seem (again) flat footed on the obvious populist move (which also IMHO is the right one).

Glad to hear anyone’s thoughts on this.

By: richard lo cicero

richard lo cicero — Tue, 30 Nov 1999 00:00:00 +0000

The GOP could Jim except for one little problem: There is bi-partisan outrage over this and any legislation will pass overwhelmingly. Nice try though, next year will be hell for Republicans.

By: Jim Rockford

Jim Rockford — Tue, 30 Nov 1999 00:00:00 +0000

Richard — House Minority Leader Nancy Pelosi straight out opposed any legislation to fix Kelo. So that’s a problem.

Either repudiate Pelosi and other Dem leaders (generally in favor of the unlimited power of Governments, particularly Dem-led Cities) or face the populist anger. Dems have a long history of hostility to the middle class.

By: NetOx

NetOx — Tue, 30 Nov 1999 00:00:00 +0000

The Kelo decision was an unbelievable trashing of the Fifth Amendment and blatantly attests to the requirement for a strict constructionist judge.

Who would want a judge who believe that the constitution is a living document (code word for I will make up anything that I want). That may feel good for a while until the wind/judges change and we find that the decision does not stand the test of time.

Alexander Hamilton writes on the subject of constitutional interpretation, “There is not a syllable in the Constitution which directly empowers the national courts to construe the laws according to the spirit of the Constitution.”

Frankly, I am hoping for a Nuclear summer.