Thoughts On The SCOTUS Decisions

Okay... someone asked my thoughts on the cases the SCOTUS returned this past week or so. So... I will tackle them, in brief, in the order they were handed down.

First, Kelo... Basically the SCOTUS said that you don't own your property, the state and/or town does, and therefore if the town feels that it is in their best interest to take the property you "own" and force you to sell it to someone "for the good of the town" you have to sell it. The problem, of course, is that if you don't want to sell it, they can force you to. This flies in the face of everything this country was founded on. "Life, Liberty, and the pursuit of Property" were the original words in the Declaration of independence. The court said you would get a "fair price" for the property, but if I don't want to sell, there is no fair price! Who sets this price? The market? If I don't want to sell, but might be reasoned into it if you gave me enough, is that the fair price? Obviously, now the Wal-Mart or whatever can offer you a normal, low end price for the property, and you have to take it, regardless.

Now, there is a flip side. The town can decide they don't want Mr. Developer to buy up certain land. They can keep Wal-Mart from building if they think it is in the best interests of the town. But you know that Wal-Mart will sue, and end up winning.

So, the moral of the case... be VERY careful where you buy property, and pay attention to those Zoning Council elections:)

Next, the Ten Commandments cases. These have pretty much been done to death, I just want to say that it seems to me that the Court wanted to have their cake and eat it too. I think Jay Sekulow was right, this was the Court saying that the present monuments all over the place are fine, but new ones will be strictly scrutinized and probably not allowed. The Court said religious intent is bad, founding of the country is good, but how do you tell? Wasn't the founding of the country at least slightly religious? I mean, read the documents, read the writings of the founders... check out how much they prayed or asked that meetings be started with prayer.

Oh, and as for the First Amendment... read the Northwest Ordinance if you can find it... the SAME congress that past the Establishment Clause passed it. It is an ordinance saying that schools in the new territories annexed by the USA should TEACH RELIGION. The public schools. Now tell me what was that about intent on the First Amendment?

And as for the retirement of justices... I think Rehnquist will retire, and I think Stephens and O'Connor are close. O'Connor has hinted at it, and Stephens is 82 or something. Ginsberg may too, if she has any more health problems.

But hey, others I know have more info on that... I am just a guy with a law degree:)