…just appoint the Michigan Supreme Court, en masse, to replace the Federal Supreme Court.
Since the number of Justices, respectively, is 7 and 9, we’ll keep Scalia and Thomas on the Federal bench.
Jobs for current SCOTUS Justices hereby displaced will be obtained by packing the World Court.
Courtesy of the Mackinaw Center – Property Damage.
The only bright spot in the majority’s opinion was that it stated, “We emphasize that nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power. Indeed, many States already impose ‘public use’ requirements that are stricter than the federal baseline.” The majority cited last year’s Michigan Supreme Court decision Wayne County v. Hathcock as an example.
In Hathcock, the Michigan Supreme Court was faced with the question of whether a proposed business-and-technology park south of Detroit Metropolitan Wayne County Airport constituted a “public use.” All seven Michigan Supreme Court justices agreed that a government could not justify taking private property merely on grounds that a different use of the property might increase government tax revenues.
Therefore the citizens of Michigan, unlike the majority of Americans, have protection against governments that seek to increase their revenue by forcing their residents to move. If it were not for Hathcock, local Michigan governments could try to enhance their own property tax revenues by taking the homes of longtime residents and turning those properties over to real estate firms that might build new housing developments or businesses. Given the provisions of Proposal A of 1994, governments pursuing this strategy could then collect higher taxes, since the taxable value of the properties would likely have increased.
Under Kelo, such actions would not violate the Fifth Amendment. Fortunately, under Hathcock, they would violate the Michigan Constitution.
A great example of why “Federalism” includes State’s Rights.
Thus far. Sort of.