photograph by Joe McDonald   

Supreme Court


Justice says those who believe in a more flexible document are ‘idiots’

People who believe the Constitution would break if it didn’t change with society are “idiots,” U.S. Supreme Court Justice Antonin Scalia says.

In a speech Monday sponsored by the conservative Federalist Society, Scalia defended his long-held belief in sticking to the plain text of the Constitution “as it was originally written and intended.”

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I have no idea why the media would post this image. It’s very creepy. Are they trying to convey a certain image of John Roberts to us?

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Governor Schwarzenegger is slated to veto the recent law that passed in California legalizing same-sex marriage. Via Political Animal:

In a careful statement, Schwarzenegger press secretary Margita Thompson invoked the voter approval in March 2000 of Proposition 22, which said: “Only marriage between a man and a woman is valid or recognized in California.”

“The governor believes the matter should be determined not by legislative action — which would be unconstitutional — but by court decision or another vote of the people of our state,” the statement said. “We cannot have a system where the people vote and the Legislature derails that vote.”

….The California Supreme Court is likely to decide next year whether Proposition 22 and other state laws that define marriage are constitutional.

This is unbelievable. “The Governor believes the matter should be determined not by legislative action — which would be unconstitutional — but by court decision.” Didn’t we just go through this with Bush and all the republicans saying that activist judges were running rampant over the countries laws?? First they say that activist judges should not be left to interpret and mold the law as they see fit, now they are saying that things should be left up to the courts to decide. What a bunch of crap.

Apparently activist judges are only “activist” when it’s against the republican agenda.

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Moments ago, President Bush nominated conservative Judge John G. Roberts, Jr. to fill the Supreme Court vacancy left by Justice Sandra Day O’Connor.

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Via MSNBC.com.

Bush has selected actor and former Sen. Fred Thompson to help guide his Supreme Court nominee through the Senate confirmation process.

Thompson, an actor on the NBC television series “Law & Order,” agreed to accept the post in a telephone conversation with the president on Monday, McClellan said.

He said Thompson, a Republican, would serve as an informal adviser to shepherd the nomination through the Senate.


Thompson, 62, retired from the Senate to resume his acting career. He has appeared in the movies “The Hunt for Red October,” “Cape Fear,” and “In the Line of Fire.”

Read the full article at Via MSNBC.com.
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Via Yahoo! News.

The Supreme Court has ruled that the government can take a person’s home or business for new development projects.

By a 5-4 vote, the high court upheld as constitutional the taking by New London, Connecticut of 15 properties belonging to nine residents or investment owners for a project to complement a nearby research facility by the Pfizer Inc. drug company.

….
Stevens upheld the city’s plan under the U.S. Constitution, which allows the government to take private property through its so-called eminent domain powers in exchange for just compensation.

In her dissenting opinion, Justice Sandra Day O’Conner wrote, “Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms.”

I suppose historically, this isn’t a new policy of our government; they’ve been pushing people off private lands since the pilgrims first landed on Plymouth Rock. It does seem, however that in this day and age, and given our country’s rich tradition of the American dream and owning land, individual rights would prevail in the face of big business, power and influence.

If you can’t feel safe and secure and proud in the home you’ve worked for and earned for your family, what do you really have as an American. Our rights seem so temporary when the government collectively swings it’s might.

The Grapes of Wrath, 1940
Makes me think back on John Steinbeck’s novel, “The Grapes of Wrath” (novel, movie). We have not come very far.

Read the full article at Yahoo! News.

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