The Daily Parker

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Stupid Constitution tricks

He really should know better:

Utah Gov. Gary R. Herbert has signed two bills authorizing the state to use eminent domain to seize some of the federal government's most valuable land.

Supporters hope the bills, which the Republican governor signed Saturday, will trigger a flood of similar legislation throughout the West and, eventually, a Supreme Court battle that they hope to win -- against long odds. Starting with the Supremacy Clause, moving on to the Federal applicability of the 5th Amendment, and ending with the unfortunate result of the 1832 Nullification Crisis[1], this bill has less chance of having legal effect than the Cubs have of winning a post-season game. In fact, of the two events, I'd wager on the Cubs.

This silly act is merely the latest in a disturbing trend of Republican legislatures imagining that the last 150 years of U.S. history didn't happen.

Or maybe it's not their imagination. Maybe, on top of being ornery, they might in fact be ignorant of the late unpleasantness and its aftermath. Utah has no excuse, though. They entered the Union in 1896, four decades after all that stuff about, you know, Federal supremacy had been decided.

[1] President Obama will probably not send the U.S. Navy to Utah, owing to certain practical difficulties, but you get the idea.

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