Scalia predicts Kelo will fall, but Korematsu would stand

posted at 3:31 pm on February 9, 2014 by Jazz Shaw

At the new Washington Post home of the Volokh Conspiracy, Ilya Somin has coverage of a recent speech given by Supreme Court Justice Antonin Scalia. In it, Scalia talks about two of the more controversial SCOTUS decisions of the last century. One is the nearly universally panned 5-4 ruling in Kelo v. City of New London from 2005 and the other is the 1944 (wartime) decision in Korematsu v. United States regarding the internment of the Japanese.

In the speech, Scalia once again aired his feeling that Kelo would eventually be overturned.

On Kelo, Scalia reiterated his 2011 prediction that the decision will eventually be overruled, stating that it “will not survive.” Kelo was a closely divided 5-4 decision (Scalia voted with the dissenters) that generated an unprecedented political backlash across the political spectrum, and has also been repudiated by every state supreme court which has considered the question of whether to adopt it as a guide to the interpretation of their state constitutions’ public use clauses. In 2011, Justice John Paul Stevens, the author of the Kelo majority opinion, conceded that he made a significant, “embarrassing to admit” error in his analysis of precedent (though he continues to defend the result on other grounds).

I don’t recall speaking to a single person in 2005 with any extensive legal background who thought the decision in Kelo was a good idea or that it was faithful to the constitution. The decision essentially rewrote the takings clause of the 5th amendment, changing the phrase “public use” to the vastly more vague, “public benefit.” And in the end, the specific case being examined in Kelo turned into a monument to its own stupidity, as the land taken at the heart of the case stood empty and abandoned only nine years later.

The Korematsu case raises considerably more hackles among at least some conservatives, as Somin notes in the article, but Scalia was fairly unequivocal on that one. It was a mistake… but one which will likely be upheld in the future.

“But you are kidding yourself if you think the same thing will not happen again,” he said.

He used a Latin expression to explain why. “Inter arma enim silent leges … In times of war, the laws fall silent.”

“That’s what was going on — the panic about the war and the invasion of the Pacific and whatnot,” Scalia said. “That’s what happens. It was wrong, but I would not be surprised to see it happen again — in time of war. It’s no justification but it is the reality.”

It’s an interesting perspective, not to mention providing us all with another great Latin phrase. But it’s also historically accurate. In times of great duress and threat to the nation, we will tend to look the other way in support of national security and survival of the country. And Scalia is likely correct on his second point… when the barbarians are at the gate again, we’ll probably choose whatever looks like the most expedient course of action to ensure our survival. And that applies to the courts as well.


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Comment pages: 1 2

Kelo is a travesty. Probably worse than the Obamacare decision – if that is possible.

besser tot als rot on February 9, 2014 at 3:33 PM

Kelo is a travesty. Probably worse than the Obamacare decision – if that is possible.

besser tot als rot on February 9, 2014 at 3:33 PM

Not possible.

No contest.

ladyingray on February 9, 2014 at 3:37 PM

when the barbarians are at the gate again,

NEWS FLASH: The Barbarian Muslim hoards are already at the gates, and the Obama Administration is passing them through just as fast as they can.

oscarwilde on February 9, 2014 at 3:38 PM

Kelo is every bit as bad as the Dred Scott decision. The latter precipitated the Civil War. Kelo strips The Constitution of defined words and even goes so far as to repudiate The Federalist.

pat on February 9, 2014 at 3:41 PM

Kelo is a travesty. Probably worse than the Obamacare decision – if that is possible.
besser tot als rot on February 9, 2014 at 3:33 PM

Amazing how many travesties the court has wrought. Makes one doubt the third branch. Judicial review definitely needs to be revisited.

bossmanham on February 9, 2014 at 3:43 PM

And Scalia is likely correct on his second point… when the barbarians are at the gate again, we’ll probably choose whatever looks like the most expedient course of action to ensure our survival. And that applies to the courts as well.

Several sets of barbarians are already at the gate – depending on where you place the gate; at our border or our national interest.

In so many ways we are NOT doing anything to ensure our survival against them.

kcewa on February 9, 2014 at 3:44 PM

Kelo is a travesty. Probably worse than the Obamacare decision – if that is possible.

besser tot als rot on February 9, 2014 at 3:33 PM

Not possible.

No contest.

ladyingray on February 9, 2014 at 3:37 PM

Call them 3A and 3B, behind Dred Scott and Roe.

Steve Eggleston on February 9, 2014 at 3:44 PM

THEY are watching you now as we speak…THIS is happening to a friend of mine, who has already had one “visit” from the FBI..

lovingmyUSA on February 9, 2014 at 3:44 PM

Call them 3A and 3B, behind Dred Scott and Roe.

Steve Eggleston on February 9, 2014 at 3:44 PM

Sounds about right…

OmahaConservative on February 9, 2014 at 3:44 PM

Wickard v. Fillburn has been the court’s worst decision, IMO.

Revenant on February 9, 2014 at 3:50 PM

lovingmyUSA on February 9, 2014 at 3:44 PM

AND for those of you that don’t believe that the dictator is serious…THINK AGAIN..

el caldo on February 9, 2014 at 3:54 PM

lovingmyUSA on February 9, 2014 at 3:44 PM

Damned frightening…

OmahaConservative on February 9, 2014 at 3:56 PM

I remember seeing Judgment At Nuremberg when I was quite young.

A line always impressed me…”A country isn’t a rock. And it isn’t an extension of one’s self. *It’s what it stands for, when standing for something is the most difficult!* Before the people of the world – let it now be noted in our decision here that this is what *we* stand for: *justice, truth… and the value of a single human being!”.

Ragspierre on February 9, 2014 at 4:01 PM

Call them 3A and 3B, behind Dred Scott and Roe.

Steve Eggleston on February 9, 2014 at 3:44 PM

Heart of Atlanta Motel v. United States

Going forward I would include this one somewhere in there. It will be used to deny religious freedom in the name of gay rights.

Justice Clark also found that the Act did not deprive the motel owner of liberty or property under the Fifth Amendment. Because Congress has the right to prohibit discrimination in accommodations under the Interstate Commerce Act, the motel “has no ‘right’ to select its guests as it sees fit, free from governmental regulation.”

kcewa on February 9, 2014 at 4:05 PM

THEY are watching you now as we speak…THIS is happening to a friend of mine, who has already had one “visit” from the FBI..

lovingmyUSA on February 9, 2014 at 3:44 PM

Without knowing more details, it is impossible to know if this step is warranted or not.

307wolverine on February 9, 2014 at 4:06 PM

OT – Schumer thinks you’re all stupid.

Schadenfreude on February 9, 2014 at 4:09 PM

OT – Schumer thinks you’re all stupid.

Schadenfreude on February 9, 2014 at 4:09 PM

Then the feeling is mutual…

oscarwilde on February 9, 2014 at 4:10 PM

Next group to be interred: Conservatives.

And anyone else who opposes The Obama Regime.

ConstantineXI on February 9, 2014 at 4:11 PM

Jazz, did you mean:

“Tacet enim leges inter arma”?

Difficultas_Est_Imperium on February 9, 2014 at 4:13 PM

Like every other time in history, when the tyrants crack down harder, it’s because their grip is slipping. The internet is keeping everyone informed and must be controlled just like guns give us a means to resist and must be confiscated

Capt Blasto on February 9, 2014 at 4:14 PM

Next group to be interred: Conservatives.

And anyone else who opposes The Obama Regime.

ConstantineXI on February 9, 2014 at 4:11 PM

Bill Ayer’s did say that 25 million Americans would have to be eliminated (and my eliminated he did mean killed) because they would refuse to convert to Marxism.

oscarwilde on February 9, 2014 at 4:15 PM

Bill Ayer’s did say that 25 million Americans would have to be eliminated (and my eliminated he did mean killed) because they would refuse to convert to Marxism.

oscarwilde on February 9, 2014 at 4:15 PM

I don’t think we will be killed, at least, not right away, because there is going to be a labor CRISIS the way The Regime is handling the economy. We’ll instead be put to WORK in forced labor camps FUN! CAMP!

ConstantineXI on February 9, 2014 at 4:17 PM

Like every other time in history, when the tyrants crack down harder, it’s because their grip is slipping. The internet is keeping everyone informed and must be controlled just like guns give us a means to resist and must be confiscated

Capt Blasto on February 9, 2014 at 4:14 PM

The Regime has already moved into the phase of having political opponents arrested and/or prosecuted for purely political reasons.

ConstantineXI on February 9, 2014 at 4:18 PM

Roe v. Wade.

davidk on February 9, 2014 at 4:20 PM

And in the end, the specific case being examined in Kelo turned into a monument to its own stupidity, as the land taken at the heart of the case stood empty and abandoned only nine years later.

The irony…

libfreeordie on February 9, 2014 at 4:22 PM

The Regime has already moved into the phase of having political opponents arrested and/or prosecuted for purely political reasons.

ConstantineXI on February 9, 2014 at 4:18 PM

That’s a pretty wild claim. You seem to be saying that it is impossible for enemies of this Administration to commit crimes. Since when has conservatism or Republicanism cured crimes?

libfreeordie on February 9, 2014 at 4:24 PM

The irony…

libfreeordie on February 9, 2014 at 4:22 PM

The only irony is you -deviant.

CWchangedhisNicagain on February 9, 2014 at 4:28 PM

What if the barbarians are liberty minded citizens? Any person that advocates locking up individuals whom have not even been accused of a crime is nothing but petty tyrant. I don’t care if it’s GWB, FDR, Obama whoever.

MoreLiberty on February 9, 2014 at 4:31 PM

That’s a pretty wild claim. You seem to be saying that it is impossible for enemies of this Administration to commit crimes. Since when has conservatism or Republicanism cured crimes?

libfreeorgan on February 9, 2014 at 4:24 PM

…m o m !…M O M !…he’s being stupid again!

KOOLAID2 on February 9, 2014 at 4:35 PM

libfreeordie on February 9, 2014 at 4:24 PM

Seriously?

ladyingray on February 9, 2014 at 4:37 PM

That’s a pretty wild claim. You seem to be saying that it is impossible for enemies of this Administration to commit crimes. Since when has conservatism or Republicanism cured crimes?

libfreeordie on February 9, 2014 at 4:24 PM

No one has been charged with campaign finance violation in the Obama campaign, which DELIBERATELY disabled standard credit card verification so they could take ILLEGAL international contributions. I suspect Obama took in MUCH MORE than the $20,000 D’Souza is being charged with via this method alone.

There also isn’t any evidence of widespread IRS scrutiny of LEFTIST tax exempt groups, such as Media Matters, which is a TOTALLY partisan group.

In other words, it seems to be The Obama Regime’s position that ALLIES OF THEIRS never commit crimes!

ConstantineXI on February 9, 2014 at 4:43 PM

…the travesty happened in 2005!…WTF do we elect law making ‘Leaders’ for?…for looks?………I answered my own question…never mind!

KOOLAID2 on February 9, 2014 at 4:43 PM

The Regime has already moved into the phase of having political opponents arrested and/or prosecuted for purely political reasons.

ConstantineXI on February 9, 2014 at 4:18 PM

That’s a pretty wild claim. You seem to be saying that it is impossible for enemies of this Administration to commit crimes. Since when has conservatism or Republicanism cured crimes?

libfreeordie on February 9, 2014 at 4:24 PM

What a bizarre interpretation…

There Goes the Neighborhood on February 9, 2014 at 4:45 PM

The Regime has already moved into the phase of having political opponents arrested and/or prosecuted for purely political reasons.

ConstantineXI on February 9, 2014 at 4:18 PM

That’s a pretty wild claim. You seem to be saying that it is impossible for enemies of this Administration to commit crimes. Since when has conservatism or Republicanism cured crimes?

libfreeordie on February 9, 2014 at 4:24 PM

The preferred manner of persecution by the Obama administration appears to be intimidation (by government agencies); denying tax status (e.g., the hundreds of conservative applicants targeted by the IRS who had their applications unfairly delayed or denied, while simultaneously being harassed by burdensome requests for documents and information); and trying to impose financial hardships by imposing ludicrous fines, and/or forcing people to submit voluminous documentation to defend themselves, and/or hire lawyers to defend themselves in bogus audits/inquiries/investigations.

For example, this is what happened to Cathy Engelbrecht, the Texas lady who started True the Vote, since she became a citizen activist:

In nearly two decades of running our small business, my husband and I never dealt with any government agency, outside of filing our annual tax returns. We had never been audited, we had never been investigated, but all that changed upon submitting applications for the non-profit statuses of True the Vote and King Street Patriots. Since that filing in 2010, my private businesses, my nonprofit organizations, and family have been subjected to more than 15 instances of audit or inquiry by federal agencies.

* In 2011, my personal and business tax returns were audited by the Internal Revenue Service, each audit going back for a number of years.

* In 2012, my business was subjected to inspection by OSHA, on a select occasion when neither my husband nor I were present, and though the agency wrote that it found nothing serious or significant, it still issued fines in excess of $20,000.

* In 2012 and again in 2013 the Bureau of Alcohol, Tobacco, and Firearms conducted comprehensive audits at my place business.

* Beginning in 2010, the FBI contacted my nonprofit organization on six separate occasions – wanting to cull through membership manifests in conjunction with domestic terrorism cases. They eventually dropped all matters and have now redacted nearly all my files.

The Obama administration has weaponized the executive branch of the federal government, and is using these agencies to punish people who dare to oppose their policies.

Ms. Engelbrecht was fortunate enough to have the financial resources to survive the government persecution to which she was subjected, but most Americans are not so lucky.

AZCoyote on February 9, 2014 at 4:50 PM

New Hampshire almost took Breyer’s vacation home after the Kelo decision. Roberts didn’t have to sign up for health insurance on any exchange.

If only these tyrants had to live with the consequences of their decisions…

blammm on February 9, 2014 at 4:54 PM

The Obama administration has weaponized the executive branch of the federal government, and is using these agencies to punish people who dare to oppose their policies.

Ms. Engelbrecht was fortunate enough to have the financial resources to survive the government persecution to which she was subjected, but most Americans are not so lucky.

AZCoyote on February 9, 2014 at 4:50 PM

All of this is going to lead towards growing DISRESPECT for the authority of federal agencies, as well as an increase in disobedience.

Which is a GOOD THING. Conservatives need to be more disobedient. After all, the first step towards REDUCING THE POWER OF GOVERNMENT is to cease to recognize or respect the power it should not have!

ConstantineXI on February 9, 2014 at 4:56 PM

Call them 3A and 3B, behind Dred Scott and Roe.

Steve Eggleston on February 9, 2014 at 3:44 PM

I could not agree more, and in the same order.

D-fusit on February 9, 2014 at 4:58 PM

New Hampshire almost took Breyer’s vacation home after the Kelo decision. Roberts didn’t have to sign up for health insurance on any exchange.

If only these tyrants had to live with the consequences of their decisions…

blammm on February 9, 2014 at 4:54 PM

Which destroys Roberts “tax” argument. If Obamacare doesn’t apply to EVERYONE EQUALLY it is a violation of the equal protection clause, and is a de facto “bill of attainder”.

ConstantineXI on February 9, 2014 at 4:58 PM

That’s a pretty wild claim. You seem to be saying that it is impossible for enemies of this Administration to commit crimes.

libfreeordie on February 9, 2014 at 4:24 PM

Would only seem to be saying that to someone who lacks thought, reason, and even a rudimentary understanding of the English language.

besser tot als rot on February 9, 2014 at 5:03 PM

Scalia is crazy if he think internment would ever happen again. There is no scenario where America would intern people of a certain race or religion in time of war. On the day of 9/11, the government went out of its way to, in fact, praise Islam, and warned any and all Americans to back off.

I don’t recall that happening on Dec 7.

We live in a very different world, and Scalia doesn’t realize it.

HugoDrax on February 9, 2014 at 5:03 PM

Interning Japanese-AMERICANS did NOTHING to ensure survival of the United States of America.

It’s our job to teach our children to fight against any attempt to put innocent American citizens in camps because of their race or their parents’ ancestry, and prove Scalia wrong.

I am infinitely more afraid of my own government and its increasing power, reach, and malignancy than any external power, 100-mile wide asteroids included.

3300 dead on 9/11, and we burned 1 to 2 trillion dollars of your GDP.

What are we gonna do when they kill 33000 out of a population of 330,000,000? Give up on liberty all-together and be in effect under martial law like what happened to eastern Massachusetts when 2 bombers killed 3 people?

Remember who ALL of our enemies are and which ones are MORE dangerous.

KirknBurker on February 9, 2014 at 5:03 PM

What a bizarre interpretation…

There Goes the Neighborhood on February 9, 2014 at 4:45 PM

The realm of the LIV…..bizarre.

BobMbx on February 9, 2014 at 5:04 PM

It’s our job to teach our children to fight against any attempt to put innocent American citizens in camps because of their race or their parents’ ancestry, and prove Scalia wrong.

KirknBurker on February 9, 2014 at 5:03 PM

Well, we pretty much let Chinese spies do whatever they want in order to avoid even the appearance of targeting people that may be stereotyped as being sympathetic to our rivals/enemies.

besser tot als rot on February 9, 2014 at 5:06 PM

The Obama administration has weaponized the executive branch of the federal government, and is using these agencies to punish people who dare to oppose their policies.

Ms. Engelbrecht was fortunate enough to have the financial resources to survive the government persecution to which she was subjected, but most Americans are not so lucky.

AZCoyote on February 9, 2014 at 4:50 PM

This is just recycled IRS non-scandal. Organizations which seek to get a tax benefit from claiming non-profit status should have to be able to demonstrate that they are actually non-profit. It is a status governed by the state, it is within the state’s jurisdiction to verify the standards are being met. Get over it.

libfreeordie on February 9, 2014 at 5:06 PM

Perhaps someone should tell the people in our government that the barbarians are again at the gates, and they are doing nothing. Hum. I wonder why it could be. Could it be that the person in charge of our government has a really soft spot for the barbarians and wouldn’t mind their invasion?

TimothyJ on February 9, 2014 at 5:08 PM

This is just recycled IRS non-scandal. Organizations which seek to get a tax benefit from claiming non-profit status should have to be able to demonstrate that they are actually non-profit. It is a status governed by the state, it is within the state’s jurisdiction to verify the standards are being met. Get over it.

libfreeordie on February 9, 2014 at 5:06 PM

Not even a “smidgen” of corruption in the IRS then?

ConstantineXI on February 9, 2014 at 5:08 PM

Well, we pretty much let Chinese spies do whatever they want in order to avoid even the appearance of targeting people that may be stereotyped as being sympathetic to our rivals/enemies.
besser tot als rot on February 9, 2014 at 5:06 PM

Ah, yes. Lock them all up!

Typical right winger.

HillAREwe on February 9, 2014 at 5:11 PM

I don’t recall speaking to a single person in 2005 with any extensive legal background who thought the decision in Kelo was a good idea or that it was faithful to the constitution. JS

Not to get overly Kaelian here, but Ed’s (and HA’s) good friend, Powerline’s John Hinderaker, published a take on Kelo at the time , which I believe would have qualified as that counterexample. A cautionary tale on the seductiveness of expanding constitutional language under “good (conservative) policy” pressure (public use > public benefit)?

Barnestormer on February 9, 2014 at 5:23 PM

Scalia may be right but I doubt Kilo or Obamacare will be overturned for the same reason that the SCOTUS ruled in their favor in the first place, IMO; boomtown DC is corrupt through and through. From the perspective of the ruling class, they’re playing catchup with China, Russia, Brazil and the EU. The Constitution has been a huge obstacle to their transformation of America for their own and on the big issues that transform America the SCOTUS will always rule in favor of the transnational ruling elite, or so it would seem based on such examples as Kelo and Obamacare.

FloatingRock on February 9, 2014 at 5:23 PM

It is a status governed by the state, it is within the state’s jurisdiction to verify the standards are being met. Get over it.

libfreeordie on February 9, 2014 at 5:06 PM

LOL. Right, and when a Republican is president, you’ll be perfectly okay with you and your idiot leftist friends being subjected to repeated IRS, EPA, OSHA, ATF, FBI, etc., audits and investigations any time any one of you wishes to organize and/or protest government actions.

You’re either a fool or a liar, or both.

AZCoyote on February 9, 2014 at 5:33 PM

NEWS FLASH: The Barbarian Muslim hoards are already at the gates, and the Obama Administration is passing them through just as fast as they can.

oscarwilde on February 9, 2014 at 3:38 PM

Yes, they are at the gate. An Iranian fleet is already in the Atlantic and heading for US waters and, it is assumed, the Med.

I never really thought that anyone would truly consider a so-called revolution. But then again, I never really considered it possible that the POTUS would say he’d rule by exective order.

There will possibly be a May 16 pre-revolution with a reading of grievances, such as in the Declaration of Independence. If they do not leave within the first couple of days, there will be a push by the DC police (backed up by DHS, et al). And unfortunately, it only takes one with a gun to start a stampede. Thousands will be injured, many will be shot by police; confiscations will begin in most towns and cities, targeting conservative gun owners, and Christian congregations will be put on notice. Arrestees will be too many for the jails and will be taken to internment facilities.

Martial law will be declared in various areas, and the internet will be censored, and enforced while undeclared everywhere else.

The news media will applaud it as an emergency measure. Slanderous bios will spring up on various individuals to justify the severity of the government’s reaction. And the American people will watch with half an eye, stunned and concerned, figuring it is all necessary.

Within a few weeks, guerilla warfare will spring up sporadically, largely begun by Iranian terrorist cells, to which the government will respond with drastic measures. The country will fall into chaos.

And somewhere along the line, Iran will launch an EMP attack, perhaps successfully.

But, hey, these are just guesses.

flicker on February 9, 2014 at 5:33 PM

This is just recycled IRS non-scandal. Organizations which seek to get a tax benefit from claiming non-profit status should have to be able to demonstrate that they are actually non-profit. It is a status governed by the state, it is within the state’s jurisdiction to verify the standards are being met. Get over it.

libfreeordie on February 9, 2014 at 5:06 PM

Not even a “smidgen” of corruption in the IRS then?

ConstantineXI on February 9, 2014 at 5:08 PM

This reminds me, last week the idiot Juan Williams told us that Lois Lerner “took the fifth” because “she didn’t want to get involved” in the congressional investigation of the IRS. This is a new low for Juan. I have to wonder if Juan = Libbie.

slickwillie2001 on February 9, 2014 at 5:38 PM

“That’s what was going on — the panic about the war and the invasion of the Pacific and whatnot,” Scalia said. “That’s what happens. It was wrong, but I would not be surprised to see it happen again — in time of war. It’s no justification but it is the reality.”

It’s not an appropriate comparison for a sitting jurist to make, regardless of his personal opinion, and especially since he is sitting on the highest bench. He is implying that he accepts “noble cause corruption” in some circumstances and is telegraphing that he, and by extension, the highest court, might be ok with such a decision in a given circumstance, even with a wink,wink “its not ok” public condemnation. Not that that has stopped Scalia from “opinionating” before.

Skip2014 on February 9, 2014 at 5:39 PM

If there is no crisis prior to when Soetoro is due to leave – be prepared for a manufactured one – there’s no way this knob is leaving just because the Constitution says he must.

karra on February 9, 2014 at 5:44 PM

This reminds me, last week the idiot Juan Williams told us that Lois Lerner “took the fifth” because “she didn’t want to get involved” in the congressional investigation of the IRS. This is a new low for Juan. I have to wonder if Juan = Libbie.

slickwillie2001 on February 9, 2014 at 5:38 PM

Same kind of brain-neutral “thinking”.

Figure though if libfree were black it would play the race card a lot more though.

ConstantineXI on February 9, 2014 at 5:45 PM

Wickard v. Fillburn has been the court’s worst decision, IMO.

Revenant on February 9, 2014 at 3:50 PM

Yep. Wickard basically means that the Feds can do anything they want and use the Commerce Clause as a pretext.

Mr. D on February 9, 2014 at 5:50 PM

Kelo was a horrible decision, but it most certainly did NOT “rewrite” anything.

It wasn’t actually a 5-4 decision as far as precedent is concerned. It was 4-4. Kennedy broke the tie in favor of the township, but in the narrowest of opinions which quite clearly and specifically was NOT endorsing the broader views of the four concurrent votes on takings. It explicity only applied to that particular case with those facts.

Adjoran on February 9, 2014 at 5:50 PM

If there is no crisis prior to when Soetoro is due to leave – be prepared for a manufactured one – there’s no way this knob is leaving just because the Constitution says he must.

karra on February 9, 2014 at 5:44 PM

Yes, that’s the sense I got when he said 2012 would be his last election, rather than his final term.

And he’s already got more flexibility, doesn’t he?

flicker on February 9, 2014 at 5:52 PM

flicker on February 9, 2014 at 5:33 PM

I think the spark that sets off the Revolution will be the collapse of the Dollar. Which has already started.

Not only are there no jobs, but what assets we DO have will be rendered worthless because they are in Dollars.

Obama will use the unrest as an excuse to declare Martial Law, and that will set off the powderkeg. I honestly don’t see the Regime being able to hold on to the bulk of the Red States, and I see us breaking into at least two different nations. As well we should. The Blue States, particularly the Northeast and Left Coasts do not want to be part of a Republic. The Red States in the South and Central West do not want to be ruled by a Dictator.

ConstantineXI on February 9, 2014 at 5:53 PM

AZCoyote on February 9, 2014 at 4:50 PM

ROTFLMAO… me thinks Libby has just discovered other more pressing issues he has to deal with, like cleaning the fungus out from under his toe nails.

oscarwilde on February 9, 2014 at 5:55 PM

It took a Republican — Ronald Reagan — to apologize for Korematsu, a travesty committed completely by Democrats.

I doubt it will happen again.

unclesmrgol on February 9, 2014 at 5:55 PM

Yes, that’s the sense I got when he said 2012 would be his last election, rather than his final term.

And he’s already got more flexibility, doesn’t he?

flicker on February 9, 2014 at 5:52 PM

The other spark that sets off the Revolution is if Hussein makes noises that he isn’t leaving in January 2017.

I think he has ALREADY rendered his Presidency ILLEGITIMATE by his SOTU, and subsequent speeches in which he has done no less than REPUDIATE his oath of office.

To then refuse to leave office after his 2nd Term is to declare himself President For Life. If that happens it then becomes the obligation of everyone LOYAL to the Republic and the Constitution to make it as SHORT AS POSSIBLE.

ConstantineXI on February 9, 2014 at 5:57 PM

Which destroys Roberts “tax” argument. If Obamacare doesn’t apply to EVERYONE EQUALLY it is a violation of the equal protection clause, and is a de facto “bill of attainder”.

ConstantineXI on February 9, 2014 at 4:58 PM

I’ve been saying THAT for a year now. Who is left that a mandate applies to?

Welcome to the party, ConstantineXI.

Kelo has to go. It has spawned some serious corruption.

dogsoldier on February 9, 2014 at 5:58 PM

I think the spark that sets off the Revolution will be the collapse of the Dollar.

ConstantineXI on February 9, 2014 at 5:53 PM

Yes, that would certainly do it. And all it would take is less than half of the world using a different reserve currency. But I can’t see a timeline for that. Can you?

flicker on February 9, 2014 at 5:59 PM

I’ve been saying THAT for a year now. Who is left that a mandate applies to?

dogsoldier on February 9, 2014 at 5:58 PM

Enemies of the Regime.

That is one way to implement a Tyranny, is by selectively applying horrible laws (like Obamacare). Bad laws only apply to Obama’s ENEMIES, his friends get a pass, and his DOJ only prosecutes ENEMIES.

I submit that we are ALREADY AT THAT STAGE OF TYRANNY. The next is discarding the pretense of Republic and Obama ruling by DECREE. Which was what he DECLARED he is going to do in his SOTU speech!

ConstantineXI on February 9, 2014 at 6:01 PM

Yes, that would certainly do it. And all it would take is less than half of the world using a different reserve currency. But I can’t see a timeline for that. Can you?

flicker on February 9, 2014 at 5:59 PM

You can’t see a timeline for this because it literally could happen ANY INSTANT NOW.

The truth is the Dollar is already worthless, especially after YEARS of the Fed printing TRILLIONS of dollars used to “buy” the Obama Deficits. There is nothing backing up those dollars, not gold, not GDP (the economy is stagnant and declining, not growing).

In other words, the dollar’s value at the moment is COMPLETELY PSYCHOLOGICAL. Which is fragile at best and could be popped by a singular event.

ConstantineXI on February 9, 2014 at 6:03 PM

The other spark that sets off the Revolution is if Hussein makes noises that he isn’t leaving in January 2017.

I think he has ALREADY rendered his Presidency ILLEGITIMATE by his SOTU, and subsequent speeches in which he has done no less than REPUDIATE his oath of office.

To then refuse to leave office after his 2nd Term is to declare himself President For Life. If that happens it then becomes the obligation of everyone LOYAL to the Republic and the Constitution to make it as SHORT AS POSSIBLE.

ConstantineXI on February 9, 2014 at 5:57 PM

Absolutely. But will the military (in the process of being purged) support the Constitution? Can the American people win a war with the US military? Especially if it starts with confiscation, arrests, and internment of the most vocal?

flicker on February 9, 2014 at 6:04 PM

Absolutely. But will the military (in the process of being purged) support the Constitution? Can the American people win a war with the US military? Especially if it starts with confiscation, arrests, and internment of the most vocal?

flicker on February 9, 2014 at 6:04 PM

It would take Obama a GENERATION to purge the military to the degree he needs to, unless he were to start EXECUTING those he is purging.

Every officer, every career Sergeant loyal to the Republic Obama purges is an officer and a NCO for the Army of the Republic. IE: they are still HERE and still of military service age. They will serve the Republic in the Revolution.

Add to that the still mostly loyal rank and file that will desert Obama’s army when he orders it to attack civilians so that he can be King, and you have the vast majority of the military.

Obama’s loyalists will be the ill trained “bureaucratic soldiers”. His front line troops will be militarized police. They won’t be of much use to him.

ConstantineXI on February 9, 2014 at 6:08 PM

ConstantineXI on February 9, 2014 at 6:03 PM

What an odd conversation: Which of these three catastrophes will destroy the republic? EMP? Dollar collapse? President refusing to leave office.

Either of the first two will insure the third. The EMP would cause the second cause.

Dang! One EMP attack would accomplish all three. And Iran is entering the Atlantic as we type.

flicker on February 9, 2014 at 6:11 PM

A cautionary tale on the seductiveness of expanding constitutional language under “good (conservative) policy” pressure (public use > public benefit)?

Barnestormer on February 9, 2014 at 5:23 PM

I clicked through and read the cited article to the last period.

All I heard was clicking noises the whole way through.

I live in Culver City, California, and I’ve watched eminent domain transform downtown from a sleepy quiet area to a “destination” for many in LA. To do that, the Redevelopment Agency (a being with the power of eminent domain, and whose board consists completely of City Council members) had to condemn any business that did not meet the redevelopment plan. That meant that the electrical supply store, the sign store, the hardware store, and a whole bunch of businesses essential to a community had to be condemned — to be replaced by upscale restaurants.

The Culver Hotel (where the Munchkins stayed during the filming of the Wizard of Oz) had its parking lot condemned right after a new owner purchased it with the intent to rehab it with modern amendities; you can imagine how well a hotel does when there’s no parking for its patrons other than in a municipal parking lot about 200 yards away.

Now our downtown consists completely of upscale restaurants and movie theaters. Our residential streets are loaded with the cars of people who work and visit downtown (to the point where we’ve had to go to permit parking to be able to have even one space in the front of our own house).

What’s sad is that now, to go buy hardware or even groceries, we have to drive a considerable distance away from downtown.

And I really feel sorry for the guys who owned those businesses before the city took them to turn them into restaurants.

And the guy in your article seems to think that such a taking is completely constitutional. Perhaps he’s right — for I’m sure the Framers never thought that towns would take the property of their citizens to enrich still other citizens of the town… but I would submit that the use by another citizen of any public entity to take your property constitutes abuse of power. Here in California, one good thing happened. The backlash against eminent domain caused the passage of a law which shut down all redevelopment agencies. Now, if a city wants to condemn a property, it cannot use a sham corporation to shield itself against lawsuits.

The leading citizens of Culver City railed against the loss of their beloved Community Redevelopment Agency. I cheered its demise.

unclesmrgol on February 9, 2014 at 6:11 PM

flicker on February 9, 2014 at 6:11 PM

Maybe so. But they’re already tagging vets as crazies who shouldn’t have access to guns. And a great percentage of soldiers and their equipment is overseas. And DHS is already prepping and practicing for the takeover.

I hope you’re right.

flicker on February 9, 2014 at 6:15 PM

What an odd conversation: Which of these three catastrophes will destroy the republic? EMP? Dollar collapse? President refusing to leave office.

Either of the first two will insure the third. The EMP would cause the second cause.

Dang! One EMP attack would accomplish all three. And Iran is entering the Atlantic as we type.

flicker on February 9, 2014 at 6:11 PM

Iran will soon have the Nuke, if they don’t already. These nukes will be relatively low yield, at least compared to the kinds of Nukes the US, Russia, and China have.

In order to EMP attack the United States, Iran would need to do a high altitude detonation above every region of the country. I just don’t see it happening. Yes, an effective EMP attack would render the United States a 19th Century nation again, but I think that’s FAR beyond the ability of Iran for the foreseeable future (Obama’s aid notwithstanding).

The more likely scenario is Iran nuking a US city with one of it’s bombs.

ConstantineXI on February 9, 2014 at 6:15 PM

ConstantineXI on February 9, 2014 at 6:15 PM

I’ve read that a single EMP over somewhere like Colorado will accomplish the bulk of it. Or just two over each half of the country. And apparently N. Korea has EMP bombs, and who knows, may sell them to Iran.

I’d like to think it couldn’t happen. So is Iran just blustering with moving its fleet to outside US waters?

flicker on February 9, 2014 at 6:21 PM

Although the Japanese-American internment was wrong – in principle, do not ever discount populist knee-jerk reactions to treachery!

OldEnglish on February 9, 2014 at 6:21 PM

ConstantineXI on February 9, 2014 at 6:15 PM

I’ve got to run, but I read a few years ago an article about an odd Iranian freighter with a roll-back deck with a missile launcher under it, conducting high-altitude missile tests in the Caspian. Sounded like an EMP delivery test at the time.

flicker on February 9, 2014 at 6:26 PM

I’ve got to run, but I read a few years ago an article about an odd Iranian freighter with a roll-back deck with a missile launcher under it, conducting high-altitude missile tests in the Caspian. Sounded like an EMP delivery test at the time.

flicker on February 9, 2014 at 6:26 PM

Technically possible, but again you need to look at the Iranian mentality.

EMP attacks will disrupt, not kill (at least not directly). islamist fanatical nutjobs like the Iranians will want MAXIMUM death. They will use a nuclear blast on a city, not an EMP.

An EMP attack would be more along the lines of what the ChiComms would do if they went to war with us.

ConstantineXI on February 9, 2014 at 6:28 PM

Wickard v. Fillburn has been the court’s worst decision, IMO.

Revenant on February 9, 2014 at 3:50 PM

This gets my vote, behind Roe

captnjoe on February 9, 2014 at 6:38 PM

Wickard v. Fillburn has been the court’s worst decision, IMO.

Revenant on February 9, 2014 at 3:50 PM

This gets my vote, behind Roe

captnjoe on February 9, 2014 at 6:38 PM

Those are the worst two of the 20th Century.

So far in the 21st, we have Kelo and Obamacare.

ConstantineXI on February 9, 2014 at 6:41 PM

All of this is going to lead towards growing DISRESPECT for the authority of federal agencies, as well as an increase in disobedience.

Which is a GOOD THING. Conservatives need to be more disobedient. After all, the first step towards REDUCING THE POWER OF GOVERNMENT is to cease to recognize or respect the power it should not have!

ConstantineXI on February 9, 2014 at 4:56 PM

I passed disrespect a long time ago, I am currently at complete contempt. Next step will be revolt.

captnjoe on February 9, 2014 at 6:44 PM

All of this is going to lead towards growing DISRESPECT for the authority of federal agencies, as well as an increase in disobedience.

Which is a GOOD THING. Conservatives need to be more disobedient. After all, the first step towards REDUCING THE POWER OF GOVERNMENT is to cease to recognize or respect the power it should not have!

ConstantineXI on February 9, 2014 at 4:56 PM

I passed disrespect a long time ago, I am currently at complete contempt. Next step will be revolt.

captnjoe on February 9, 2014 at 6:45 PM

sorry for the double post, not sure what the heck is going on!

captnjoe on February 9, 2014 at 6:47 PM

It’s no justification but it is the reality.

Reality can be a real bitch sometimes.

GarandFan on February 9, 2014 at 7:04 PM

lovingmyUSA on February 9, 2014 at 3:44 PM

Post some of the content here!

FB & Google were CIA from the jump.

Akzed on February 9, 2014 at 7:19 PM

Without knowing more details, it is impossible to know if this step is warranted or not.

307wolverine on February 9, 2014 at 4:06 PM

Akzed on February 9, 2014 at 7:21 PM

And Iran is entering the Atlantic as we type.
flicker on February 9, 2014 at 6:11 PM

That’s like saying a flea in CA is headed for PA, so watch out!

It’s a destroyer and a helo carrier. No tenders. We’ll probably end up towing both to Norfolk when they break down.

Akzed on February 9, 2014 at 7:27 PM

You’re either a fool or a liar, or both.

AZCoyote on February 9, 2014 at 5:33 PM

I am SO glad you didn’t make the mistake of so many around here and assume those were mutually exclusive………

GWB on February 9, 2014 at 7:34 PM

in time of war. It’s no justification but it is the reality.”

He’s right. It’s no justification because an emergency (i.e. a time of war) is not the reference frame within which the proper morality “lives”. The only morality (i.e. guiding principle) in an emergency, is to eliminate the emergency in order to bring back the normality within which the proper morality of man can exist.

beselfish on February 9, 2014 at 8:19 PM

He’s right. It’s no justification because an emergency (i.e. a time of war) is not the reference frame within which the proper morality “lives”. The only morality (i.e. guiding principle) in an emergency, is to eliminate the emergency in order to bring back the normality within which the proper morality of man can exist.

beselfish on February 9, 2014 at 8:19 PM

Obama’s entire Presidency has been based on creating crises to exploit.

ConstantineXI on February 9, 2014 at 8:23 PM

Typical right winger.

HillAREwe on February 9, 2014 at 5:11 PM

Is it typical? It was FDR – the champion of progressives – that among other atrocities interned thousands upon thousands of Japanese – Americans.

MoreLiberty on February 9, 2014 at 8:34 PM

It’s always the same.

Libbie says something stupid, gets mentally slammed into the lockers, defecates in his panties, then says nothing else.

itsspideyman on February 9, 2014 at 8:40 PM

How will junk justice unscrew the victim of the Kelo case?

Will the judges pay restitution (out of their own pockets) or will it be we erred so screw the taxpayers again?

viking01 on February 9, 2014 at 8:53 PM

It’s simple, folks! If they won’t abide the Constitution as men, they’ll have to meet us on the battlefield as tyrants.

Woody

woodcdi on February 9, 2014 at 9:08 PM

“Amidst arms, the law is silent”

Sad but true

mojo on February 9, 2014 at 9:49 PM

…I see that getalife is trying to lay low!

KOOLAID2 on February 9, 2014 at 11:22 PM

Can the American people win a war with the US military? Especially if it starts with confiscation, arrests, and internment of the most vocal?

flicker on February 9, 2014 at 6:04 PM

Short answer: Yes.

dogsoldier on February 10, 2014 at 5:18 AM

The military won’t fight the people.

Zomcon JEM on February 10, 2014 at 8:41 AM

Scalia is crazy if he think internment would ever happen again. HugoDrax on February 9, 2014 at 5:03 PM

Akzed on February 10, 2014 at 9:11 AM

Since 0booba was elected, Americans have bought enough guns to arm the five largest armies on earth after the US. So that’s encouraging.

But…

Akzed on February 10, 2014 at 9:18 AM

I remember one day chatting with Howard Phillips (remember him?) and he said he wondered if judicial review was not baked into the Constitution proper because the Founders may have supported it, but uneasily. Maybe they didn’t write it in specifically because they figured the principle might be good, but the practice might need revision after experience.

I think history answers that question pretty well. Judicial review has been the tool that radical leftists have used to impose their will over that of the people and their elected representatives.

I say it’s time to return to the days of Old Hickory: “John Marshall has made his decision, now let him enforce it.” (And please dispense with the hand-wringing, I’m well aware of the particulars of that case and the injustice of the Trail of Tears; it’s the principle of the thing.)

JoseQuinones on February 10, 2014 at 10:17 AM

Schadenfreude

Bmore on February 10, 2014 at 10:56 AM

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