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Passions in Poetry

I have but one to give to my country

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Local Rebel
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since 12-21-1999
Posts 5742
Southern Abstentia


25 posted 07-05-2005 11:29 PM       View Profile for Local Rebel   Email Local Rebel   Edit/Delete Message      Find Poems  View IP for Local Rebel

A very pretty lady -- and hey... freedom of religion... I'd go out with her.
wranx
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since 06-07-2002
Posts 3778
Moved from a shack to a barn


26 posted 07-05-2005 11:35 PM       View Profile for wranx   Email wranx   Edit/Delete Message      Find Poems  View IP for wranx

Its a given that the Supreme Court judges will reflect the values of those who appointed them...Though, those assurances have been known to blow up the in faces of some presidents.

Also, O'Connor did write a scathing dissenting opinion on this one...maybe she'd had enough.

And it seems to me protection from Eminent domain run amok is REALLY needed now that the candy store is unlocked.

For the greater good...YES!
But I fail to see how developers condemning (through the municipality)a middle class neighborhood to
erect a casino/marina will benefit the citizenry more than the new landowner.

Where this sort of thing was possible, but problematic before..."Back-room" deals can now become the rule.
Local Rebel
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since 12-21-1999
Posts 5742
Southern Abstentia


27 posted 07-05-2005 11:49 PM       View Profile for Local Rebel   Email Local Rebel   Edit/Delete Message      Find Poems  View IP for Local Rebel

quote:

Its a given that the Supreme Court judges will reflect the values of those who appointed them...Though, those assurances have been known to blow up the in faces of some presidents.



Eisenhower -- Brennan
Nixon -Blackmun
Ford - Stevens
O'Conner - Reagan
Souter - Bush
Kennedy - Reagan (who swings both ways)

The fact is though -- 33 of the 73 rulings this term were decided by supermajorities -- this court hasn't been marked by divisiveness -- but has been substantially unanimous.  In contrast there were only 17 5/4 splits.

Kennedy is second only to O'Conner as a least frequent dissenter -- I don't think it means much to call this a liberal or conservative court -- nor this decision -- it may just be that the law was actually decided here and the legislatures just need to kick it in gear now to fix what the Justices couldn't legislate from the bench.

The so-called conservative wing, which is Kennedy, O'Conner, Thomas, Scalia, Rhenquist -- voted together only 8 times of the 17 5/4 splits -- doesn't sound like much of a wing.
Alicat
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since 05-23-99
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Coastal Texas


28 posted 07-05-2005 11:56 PM       View Profile for Alicat   Email Alicat   Edit/Delete Message      Find Poems  View IP for Alicat

Legislate from the Bench? That's not their job.

Legislature makes Laws.
Executive signs or rejects Laws.
Judicial interprets Laws.

Checks and Balances.
Local Rebel
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since 12-21-1999
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Southern Abstentia


29 posted 07-05-2005 11:59 PM       View Profile for Local Rebel   Email Local Rebel   Edit/Delete Message      Find Poems  View IP for Local Rebel

exactly -- that's what I said -- they couldn't legislate from the bench
Tim
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since 06-08-99
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30 posted 07-06-2005 12:05 AM       View Profile for Tim   Edit/Delete Message      Find Poems  View IP for Tim

The conservative wing is Rehnquist, Scalia and Thomas.  The liberal wing is Ginsberg, Breyer and Stevens.  The centrists, or swing votes are O'Connor, Kennedy and depending on your perspective, Souter who is clearly off in the woods by himself.

The reason O'Connor and Kennedy are one-two in fewest dissents is because of that fact, they are the swing votes.
Local Rebel
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Posts 5742
Southern Abstentia


31 posted 07-06-2005 12:15 AM       View Profile for Local Rebel   Email Local Rebel   Edit/Delete Message      Find Poems  View IP for Local Rebel

Until 2003 Kennedy was the conservative goldenchild -- why don't we discuss what the real beef is with him?

His 5/4 split striking down the Texas sodomy law...

This year he said states can't fry minors...

Alicat
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since 05-23-99
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Coastal Texas


32 posted 07-06-2005 12:34 AM       View Profile for Alicat   Email Alicat   Edit/Delete Message      Find Poems  View IP for Alicat

Sorry Reb, misread what you said earlier, since I know the Supreme Court has legislated from the Bench.  Not interpretation of the Constitution, not opinions on State/Federal law, but actually creating and expecting enforcement of laws.  That's what's gotten so many riled about the Supreme Court, the merging of the seperated powers, effectively nullifying Checks and Balances.  And yeah, I know it's been done before with the other Branches, be it strong Executive or strong Legislative.  It's when both Executive and Legislative are strong when some would argue the Government does its best work: nothing.
Tim
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33 posted 07-06-2005 12:45 AM       View Profile for Tim   Edit/Delete Message      Find Poems  View IP for Tim

conservative golden child until 2003?
can't quite buy that one.  I would suspect most conservatives haven't been real happy with Kennedy for at least ten years.

the real beef? according to whom? for an uber-conservative, he has sided with the liberal members of the Court on a lot of cases over the years and is not adverse to ignoring stare decisis or utilizing foreign law or public opinion to shape his opinions.

Juju
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since 12-29-2003
Posts 3353
In your dreams


34 posted 07-06-2005 12:08 PM       View Profile for Juju   Email Juju   Edit/Delete Message      Find Poems   Click to visit Juju's Home Page   View IP for Juju

I don't think it is fair to blame any president.  Only just the fact the supreem court has issues.  Every one should know here my hatred for the supreem court.   Fine through me rulings, but this all started years ago. way before any of us were born.  The question I have unanswered is how to check a judicail board.  I am looking for constructive critism.

Juju - 1.) a magic charm or fetish 2.)Magic 3.)A taboo connected woth the use of magic

The dictionary never lies.... I am magical (;

wranx
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since 06-07-2002
Posts 3778
Moved from a shack to a barn


35 posted 07-06-2005 10:53 PM       View Profile for wranx   Email wranx   Edit/Delete Message      Find Poems  View IP for wranx

"nor shall private property be taken for public use, without just compensation."

Hells bells! What was I thinking?!?...

They were right after all!!!

There is nothing in the original language that says private property can't be taken for PRIVATE use...

Nor any provision for compensation when taken that way! I guess it could be argued that a municipality can take take someone's private property, sell it to a developer (for the greater good of the community, mind you) and pay nothing for it.
Alicat
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since 05-23-99
Posts 4277
Coastal Texas


36 posted 07-06-2005 11:59 PM       View Profile for Alicat   Email Alicat   Edit/Delete Message      Find Poems  View IP for Alicat

That is indeed one of the interpretations, and the majority of Justices went there, supporting 'something for nothing'.

Though most states have some policy about announcing eminent domain or annexation, there's no rules about where to place said announcement.  Of course, the onus is one the property owner(s) to be aware of this announcement.  Some of the more insidious cities have posted such in basements, on antideluvian decommisioned boilers deep in the bowels of city buildings, or as a very very small notice buried deep in the newspaper ads.

Houston, TX did something like that when they decided to annex the much wealthier Kingswood, for no other reason than the tax base.  And being on the Historic Registry is no guarantee.  There was an adobe house from the turn of the century here in Yuma.  By the time the announcement of demolition became public knowledge, much of the surrounding area was already being prepped for foundations and large parking lots.  And the latter is what they wanted that adobe house, on the Register, to become.  Asphalt and stripes.  The oldest house in town was summarily condemned, and after much public outcry and attempts by the property owner to move the structure, leveled.  Progress at all costs, even cultural heritage.  In my more sardonic moments, I'm reminded of the Soviets, and their despoilation of everything that got in the way of industrial progress, including the killing of almost all their freshwater rivers, lakes and ponds.
iliana
Member Patricius
since 12-05-2003
Posts 13488
USA


37 posted 07-12-2005 12:00 AM       View Profile for iliana   Email iliana   Edit/Delete Message      Find Poems  View IP for iliana

Have to laud Sandra Day O'Connor on her dissent in that opinion, Wranx.  (Makes me really wonder about the timing of her retirement, though.)
Alicat
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since 05-23-99
Posts 4277
Coastal Texas


38 posted 07-12-2005 06:07 PM       View Profile for Alicat   Email Alicat   Edit/Delete Message      Find Poems  View IP for Alicat

Funny thing are the Democrats on the Judiciary Committee.  Before, they were complaining that President Bush just wouldn't listen to them.  Now, they're complaining that he didn't do anything but listen to them.  Man, no pleasing some people.
wranx
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since 06-07-2002
Posts 3778
Moved from a shack to a barn


39 posted 07-12-2005 10:51 PM       View Profile for wranx   Email wranx   Edit/Delete Message      Find Poems  View IP for wranx

POLITICS!

*ptooie*
 
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