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The Kelo decision was decided by the U.S. Supreme Court following an appeal of a decision in the same direction by the Supreme Court of Connecticut. The Boein

by mapgrep 15y ago

The Kelo decision was decided by the U.S. Supreme Court following an appeal of a decision in the same direction by the Supreme Court of Connecticut. The Boeing lawsuit is being brought in federal court by the National Labor Relations Board and remains undecided. It will be subject to the full appeals process like any other court case. I find it odd you are citing these as "examples of how USA government disrespect... the rule of law." Could you elaborate?

CWuestefeld 15y ago
The Kelo decision was decided by the U.S. Supreme Court... The Boeing lawsuit is being brought in federal court by the National Labor Relations Board... The only conclusion I can see in your statements is that the government defines the law, so if the government does it, it must be within the rule of law. But obviously that's a tautology. Kelo is probably the clearest example of the problem: the government itself turns on its ear centuries of common law, and the clear and unambiguous text of the supreme law of the land, the Constitution. The fact that the government has said that this new definition is what must be considered the law doesn't change the fact that (a) it flies in the face of the protections that Americans believed they enjoyed; and (b) created an environment in which we're all less safe in our property. But honestly, I think that when I wrote my initial post, when I said "rule of law", what I was actually thinking was "well-understood principles of property rights and contract law".
- CWuestefeld 15y ago
  Sorry to reply to myself, but... It occurs to me that the real response is, "what is the law?". Is the law simply what the government (viz, the courts and the police) say it is? Or is the law something deeper, deriving from societal norms, the social contract, and a shared understanding of moral codes?

by mapgrep 15y ago

CWuestefeld 15y ago

The Kelo decision was decided by the U.S. Supreme Court... The Boeing lawsuit is being brought in federal court by the National Labor Relations Board... The only conclusion I can see in your statements is that the government defines the law, so if the government does it, it must be within the rule of law. But obviously that's a tautology. Kelo is probably the clearest example of the problem: the government itself turns on its ear centuries of common law, and the clear and unambiguous text of the supreme law of the land, the Constitution. The fact that the government has said that this new definition is what must be considered the law doesn't change the fact that (a) it flies in the face of the protections that Americans believed they enjoyed; and (b) created an environment in which we're all less safe in our property. But honestly, I think that when I wrote my initial post, when I said "rule of law", what I was actually thinking was "well-understood principles of property rights and contract law".

CWuestefeld 15y ago
Sorry to reply to myself, but... It occurs to me that the real response is, "what is the law?". Is the law simply what the government (viz, the courts and the police) say it is? Or is the law something deeper, deriving from societal norms, the social contract, and a shared understanding of moral codes?