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Originally Posted by LionsDen
Affirming an unconstitutional act is an example of judicial activism.
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You're an example of a complete idiot.
Kelo is an example of judicial
restraint, the antithesis of activism.
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Taking private land for private use is new to American legal history.
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Oh, is that right? First of all, no land was taken for private use. It was taken for public use. That's the whole point. Have you even read this opinion, or the opinion of the Connecticut Supreme Court? I don't think so.
As for the taking in
Kelo being "new to American legal history," tell that to the Connecticut Supreme Court, which rested much of its analysis of that state's
legislative framework on a Connecticut eminent domain case from
1866, not to mention several decades of the U.S. Supreme Court's broad interpretation of the federal takings clause.
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It was an unconstitutional action by an activist city council.
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What does that make you, an activist moron?
How exactly do you square your condemnation of
Kelo with the little happy dance you did when the California Supreme Court extended constitutionally protected freedom of speech for teen preachers into privately-owned shopping centers?
Where was your crying about "judicial activism" in that case? That was a textbook example of activism: discovering a new right where one had never existed before. But you congratulated that judicial activism, didn't you? Because there was a cute little Christian teen preacher involved.
You're such an idiot.