Utah’s Govenor To Files Suit to Take Federal Lands by Eminent Domain – A Question of Taxes

Chief Justice John Marshall, establihed Judicial Review

From:the Los Angeles Times: The Governor of the State of Utah has put his pen to bills allowing the seizure of Federal property within the State by eminent domain. This move is hoped to draw a suit going to the Supreme Court. The crux of the matter – Utah needs the lands in order to shore up its tax base to pay for schools and other services. (The new Health Care Legislation puts a heavy burden on States) Although the government is planning to erect new monuments in these lands, and environmental groups are siding with the Federal government noting that the suit would not go anywhere, one has to give it to Utah for exerting its State’s rights.

States across the nation are also suing the Federal Government to repeal the Health Care legislation signed by Barak Obama. The State of Florida, joined by Louisiana, Alabama, Colorado, Idaho, Michigan, Nebraska, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Washington, and Florida are bringing suit to protect their citizens from Federal mandates requiring purchase of health insurance, under the commerce clause. The State of Georgia has since joined in the fray and however, the State’s AG is refusing to bring suit based on partisanship. The problem facing some states is the political divide between the Governor and the Attorney General. In some instances, the A.G. being a Democrat is standing by the side of the party rather than what might be in the best interest of the state. In others, as in Michigan, the Governor, Jennifer M. Granholm, wrote a strongly worded letter decrying her A.G.’s suit against the Federal Government. The A.G. in that State is a Republican.

One has to believe that in most cases the individuals bringing suit are doing so to protect the citizens of their states and to assert the rights of individual states to protect them from the Federal Government under the 10th Amendment. Unfortunately, detractors are looking at it from the perspective of the body politic – in the states of Michigan, Washington, Pennsylvania and Colorado, the Democrat Governors have called on Eric Holder, the federal attorney general, to offer the Federal government assistance to fight their own States sovereignty should a lawsuit be filed.

These suits, both of eminent domain and protection from a federally mandated health care program are historical in nature, as is the unprecedented infringement of the Federal government on the individual states. It is the first time that this many states have brought the law to bear to fight off an ever encroaching Federal government. In the 1800’s - states filed to succeed, and became the confederacy. That said, it is not the intent of the states (as far as one knows) to become independent of the “Union” rather, to draw attention to the fact that the 10th amendment does hold water – should these suits be heard by the Supreme Court (as these are specifically the types of cases they would hear, (see Chief Justice John Marshall, his establishment of Judicial Review, giving the Supreme Court the necessary powers over the legislature and establishing checks and balances under the Constitution) Given that the suits are being filed under the commerce clause, it appears as if those who would be detractors for political purposes may find themselves on the wrong side of the issue.

Harry Reid Pushes Deval Patrick to Fill Kennedy’s Seat – Huffington Post Makes a Game Show Out of Kennedy’s Demise

Harry Reid, Calls on Patrick to Push for Kennedy Successor - So Much for States Rights - image: MSNBC

Massachusetts’s Governor, Deval Patrickhas requested the Commonwealth’s Legislature put a bill on his desk reversing a bill changed in 2004, which would allow Patrick to appoint Kennedy’s successor – this at the urging of Senate Majority Leader, Harry Reid. With Kennedy barely cold, the Democratic machine is rushing to change Massachusetts law, in order to consolidate power in Washington. (Patrick is most likely to be replaced by constituents in 2010; in the latest polling, Republican Christi Mihos is besting Patrick, a populist, Mihos has both the money and grassroots support to succeed Patrick in 2010.) The Massachusetts House Speaker (often more powerful than the Governor) has has remained silent on the subject, so it is possible, not probable, that Patrick and Reid will not get a quick bill through the Mass. Legislature.

Meanwhile, speculation is rife over who might fill Kennedy’s seat (This blog has been guilty of the same, prompted by Kennedy's letter to Patrick a week prior to his passing). Over at the Huffington Post, the Presidents favored news source, a tacky poll is running on who’s most likely to take the seat - out of a 10 possible choices – the top five “contestants” are Joseph Patrick Kennedy, Martha Coakley, Edward Kennedy Jr., Michael Dukakis and Ed Markey – not in the contestant line-up 4th District Rep., Barney Frank. One might speculate that the news organization which takes its clues from the White House may already have insight into the choice of the administration. That said the circus-like stunt is stunningly disrespectful of the Kennedy’s; given the fact that the family has not yet buried Edward M. Kennedy. It is one thing to speculate, it is another to turn it into theatre.

The Post may have problems with several of their picks, according to the Associated Press, there is noKennedy available to fill Edward M. Kennedy’s seat, according to the AP. Therefore, it is anyone’s best guess. One would think the administration would want someone who is not only competent but charismatic, and a party leader - someone who would be able to whip those who are not willing to go heel to toe with every bill the Administration desires. Michael Dukakis?

What is most infuriating to a citizen of the Commonwealth is difficult to pinpoint, one the one hand, the Governor taking direction from the Senate Majority Leader regarding Massachusetts State Law is – is not only arrogant but a possible violation of the 10th amendment – governing the rights of states - add insult to injury with that, crass carnival over a the Huffington Post (which is most associated with the administration besides MSNBC and NBC),. Although one might not have agreed with Ted Kennedy’s political ideology – his service to the Commonwealth and his constituents was legendary. He took care to answer each letter or concern, and took care of those who required assistance, regardless of their party affiliation. It is the total lack of respect shown by the members of his own Party, that is, in a word, despicable.