Oligarchy, not democracy
Published Fri, Apr 11 2008 11:48 AM
Technorati Tags: Courts, Annoyances
Sometimes you just have to wonder "what's the point". Paul Jacob's "Common Sense" emailing this morning gives a perfect example from Missouri.
What the constitution says
private property shall not be taken for private use with or without compensation, unless by consent of the owner.
What the Missouri Supreme Court says
Governments have an…
unlimited and practically absolute sovereign power of eminent domain
The result
A man's private property is declared blighted, and taken by eminent domain, to be flipped over to a private developer.
The solution?
He can change the law. He's working with Missouri Citizens for Property Rights on two voter initiatives.
To which I respond
Bullpuckies! What good will changing the law do? We just witnessed the Missouri Supreme Court completely ignore the plain wording of the Missouri Constitution. If the court isn't even bound by the Constitution, what makes anyone think they'll be bound by the law?
Click here for Paul Jacob's audio.
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Paul Jacob commented:
Perri is correct, of course. The Missouri Supreme Court did an end-run around the law as it now stands, interpreting the law in such a way as to nullify its clear meaning. Along with all the protections it was intended to provide the average citizen.
I come along and say change the law. I say support the two eminent domain reform initiatives currently being petitioned for by Missouri Citizens for Property Rights.
But won't the Missouri high (on what? I don't know) court simply ignore the written law again? Perhaps. But by further clarifying and strenghtening the law these MO patriots give the court every reason to abide by the law next time. And they lay the ground work with the people of the Show-Me state to make more aggressive reforms if the court continues to behave in a brain-dead or tyrannical way. Including reforms of the judiciary.
Those in positions of power make it very difficult when they abuse their power. Sometimes it seems that no matter what we do they have the money and power to thwart the will of the citizenry. But we always have this choice: fight back or give up. I say we fight back.
Is there a better way to fight back? If so, please offer it. But citizens must be both peaceful and tenacious if we are to restore the freedoms this country stands for. And that those in position of power seem to stand against today.
Perri Nelson commented:
Well, I agree that fighting back is the thing to do. You are probably right that the initiatives will give the court more reason to abide by the law next time, but I remain skeptical of a court that can declare an absolute right of eminent domain when the state constitution so plainly limits that right.
How about petitioning the legislature to have the justices impeached as well? Article VII, section 1 says that justices of the supreme court are liable to impeachment for "willful neglect of duty" and "oppression in office." This certainly qualifies. And in the case of members of the supreme court, a special commission of seven "eminent" jurists can be elected by the senate for the trial.
Justices that pervert the law and justice don't belong in office.
Paul Jacob commented:
You've hit the nail on the head. The need for judicial reform is overwhelming. The problem with pushing for the legislature to impeach is that legislators are also a problem, that is they likely are not in sympathy with the people strongly enough to take this sort of decisive action.
But they should!
There is a group in Missouri fighting for judicial reform: The Adam Smith Foundation. Their website is here: http://www.adamsmithfoundation.com/judicial.php
I haven't studied all their proposals sufficiently to endorse everything wholeheartedly, but I do know they are pushing in the right direction.
Our representative bodies do not represent us and our justices don't seem to know what justice is. We have our work cut out for us.
I haven't all the answers. No one does. But citizens going after judges, going after legislators and using the voter initiative process to go directly to their fellow citizens are all critical steps in saving our country from ruin.
David commented:
Of course, this is but one of the reasons the Framers included the Second Amendment... seriously. Sadly, an armed police state, staffed with dedicated anarcho-tyrannist statists, are ready, willing and able to use overwhelming forcew to steal from people who were once citizens but now are simply slaves to the whims of politicians and bureaucrats.
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