Thursday, June 30, 2005

Who says San Fransisco liberals aren't religious?

One common response to the critics of Kelo has been that the Supreme Court merely ruled eminent domain for private gain constitutional, but it certainly isn't mandatory and legislatures can easily ban the practice if they desire. Now of course this argument can be used against any SC restriction on government behavior and I doubt it's Kelo proponents would find it persuasive in many other contexts. Nevertheless, House Minority Leader Pelosi apparently didn't get the memo. She apparently so worships the SC that government activities they suggest permissible she considers mandatory. I suppose her deification of the SC could be distinct from her confusion of permissible and mandatory, but altogether it was a bizarre press conference from she who would be Speaker.

Here is the relevant excerpt:

Q Not on the Court, withhold funds from the eminent domain purchases that wouldn't involve public use. I apologize if I framed the question poorly. It wouldn't be withholding federal funds from the Court, but withhold Federal funds from eminent domain type purchases that are not just involved in public good.

Ms. Pelosi. Again, without focusing on the actual decision, just to say that when you withhold funds from enforcing a decision of the Supreme Court you are, in fact, nullifying a decision of the Supreme Court. This is in violation of the respect for separation of church -- powers in our Constitution, church and state as well. Sometimes the Republicans have a problem with that as well. But forgive my digression.

So the answer to your question is, I would oppose any legislation that says we would withhold funds for the enforcement of any decision of the Supreme Court no matter how opposed I am to that decision. And I'm not saying that I'm opposed to this decision, I'm just saying in general.

Q Could you talk about this decision? What you think of it?

Ms. Pelosi. It is a decision of the Supreme Court. If Congress wants to change it, it will require legislation of a level of a constitutional amendment. So this is almost as if God has spoken. It's an elementary discussion now. They have made the decision.

1 comment:

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