Activist Judges Overturns Property Right Referendum in Oregon
Hat Tip: Ron J.
This past Friday, a judge in Oregon ruled that voter passed property compensation law, Measure 37, was unconstitutional.
Marion County Circuit Judge Mary James struck down the law as violating five provisions of the state and federal constitutions.
The law, passed as Measure 37 on the November 2004 ballot, requires that state and local governments either compensate land owners when regulations lower property values or waive the rules.
James said the statute violates equal protection provisions of the Oregon Constitution and a state constitutional ban on suspending laws.
Statement from Gov. Kulongoski
She also ruled it breaches the separation of powers between government branches, “intrudes on” legislative authority and violates due process protections under the U.S. Constitution.
Measure 37 was originally sponsored by Oregonians in Action, and voters passed the measure by 60%.
The Chutzpah of these judges!
Victoria Taft goes into more detail on Measure 37 here and here.
Rob Kremer has the following to say about the overturning of Measure 37:
The recent Supreme Court decision that said live sex shows are protected speech had to somehow make the argument that a paid sex act constitutes ??expression of opinion.?? Just what opinion might that be? Any reasonable person who reads Section 8 must conclude that the framers were referring to written and spoken opinion, not lewd acts. Yet the courts are so in love with the free speech rights that they expansively interpret it.
Not so with our property rights. If they can do the mental contortion necessary to convince themselves that a live sex act is an expression of opinion, then certainly they could be equally protective of our right to property, say, by acknowledging that regulating the entire productive use of your land away in order to achieve some public purpose just might be a ??taking.??
But no, the courts care not a whit about property rights, so they narrowly construe the definition so as to allow government to steal property value again and again.
Right on, Rob!
October 19th, 2005 at 9:20 am
More proof we live in a judicial dictatorship.
October 19th, 2005 at 1:34 pm
Being a native here in Oregon, I have seen the state as a whole move from a reasonably “moderate” one to as liberal as any other. Sure, other states have blue dots in the midst of a sea of red, but this state is for the most part now blue in the populated Willamette Valley and red in the sparsely populated eastern and coastal sections.
As a result, those with a lick of sense and civil pride in our country as a whole are outnumbered greatly, and most of the judges appointed are educated at our liberal universities.
Live sex shows? Property takings? That’s just the beginning. Wait until they start taxing all religious properties, banning any public display of religious leanings (except, of course, those of “that religion of peace), demanding hiring of the most disgusting of reprobates, etc., etc., all in the name of diversity.
I would move to a saner place, but I’m too old and have much too much time and sweat invested in where I live to start all over again. Usually, the “good old days” weren’t nearly as good as we remember them. As far as judicial activism goes, the “good old days” were far better than we thought at the time.
And speaking of “judicial activism”, since when is interpreting the Constitution as it was written “judicial activism”? It seems to me that Schumer, Reid, Kennedy et al are redefining words again to fit the “Animal Farm” mode. And speaking of “Animal Farm”, don’t those pillars of integrity and honesty belong in that book? They wouldn’t even have to change, they’re already mostly pigs anyway (especially “Teddy the swimmer”).
October 19th, 2005 at 1:49 pm
Oregon Judges are elected. And can be recalled for no reason. Just circulate enough petitions.
October 19th, 2005 at 4:22 pm
Kristopher:
Fine in theory, but in practice here’s what happens. Get enough signatures on a petition, and 1/3 – 1/2 get thrown out because the Sec. of State doesn’t like the deal.
So you get enough to get around that. Next thing is that the entire Willamette Valley votes to keep the butt-head judge in. Bad enough, but then that judge and all the others think to themselves, “Well, if they love lefties that much, let’s really make them happy.” So people who believe in the Constitution are screwed again, anyway.
It will stay that way until the schools stop indoctrinating the children (age 5 and up) that the state is all-powerful, all-knowing, all-good, and the owner of everything (sounds like the Christian God, doesn’t it?). But in order to do that, teachers must be allowed to not go with the union line, school districts must have their power taken away so parents have control over the curriculum, and charter schools can’t be under the thumb of local districts.
It will also help if schools of “higher learning” stop teaching socialist theory as it applies to how the constitution can change, and start labeling their classes properly (like, Law 101: What “We the people” really means to those who love government, or Law 301: How the theory of “Right to Privacy” ends when it inhibits the state, or Law 402: Guns: What the Constitution writers actually meant, and why it’s different in today’s world).
No wonder Billy Bub had to state, “It depends on what the meaning of “is”, is.”
Other than that, Kristopher, it’s a fine sentiment.
October 19th, 2005 at 4:37 pm
Isn’t Oregon pretty closely divided? As I recall, a Libertarian spoiler syphoned just enough votes to keep a Republican from being elected Governor in 2002.
I read the news story about the judge’s decision. I mean, where did this idiot go to law school? I am not a lawyer, and I can tell this is phenominally stupid!
You all do have some good beer out there!
October 19th, 2005 at 7:32 pm
Ron,
No, Oregon isn’t that closely divided, and “Sleepy Ted” (who wakes up just long enough for photo ops and little else) won by 3 or 4 points. We do have an amazing libertarian contingent, but that’s mostly the disillusioned potheads. Teddy “Tax & Gouge Me” still would have won, but by a much closer margin, unless they didn’t have the Portland cemetary count, or the illegals weren’t counted. Then they would have had a count and four recounts like WA did for him to win. And they would have.
As far as “Da Judge” goes, she is probably out of Willamette U or UO. In either case, the politburo rules, so dumb country bumpkins like me need not apply unless you can prove beyond a shadow of a doubt that you’d turn your own mother in for being a Christian, or thinking that the Constitution actually means what it says.
October 20th, 2005 at 12:51 pm
Every politician who has had to deal with a recall has so far failed to get re-elected. People remember recall drives at the next election.
I was involved in recalling a local Multnomah Co. commisioner named Baucus for some victim-disarmament votes … we were successful, and he was booted from his post, and has given up on politics.
You are only guaranteed to fail if you make up excuses in advance to fail and then don’t even try.
October 20th, 2005 at 12:53 pm
Sorry … statement about recalls killing electoral chances applies to Oregon elections …
edit previous post to read ” has had to deal with a recall in Oregon has”