Judging the Feds: Every Benefit of Every Doubt

by William Perry Pendley - March 30th, 2007 - Townhall.com

In May 1945, the United States asked Jesse Fox Cannon of Toole County, Utah, to sign a "Construction, Survey & Exploration Permit" to allow the Army upon 1,425 acres of mining claims Jesse Fox Cannon owned near the Army Dugway Proving Grounds in west-central Utah. Jesse Fox Cannon agreed; after all, a war was on; plus, the Army promised that, within 60 days of finishing, it would "leave the property in as good condition as it is on the date of the government's entry."

[snip]

Last month, the Utah federal district court dismissed the Cannons' lawsuit, deferring to the federal government's interpretation of the Superfund statute, which views its nonexistent cleanup efforts as sufficient to constitute "removal or remedial action" that deprives citizens of their access to federal court. That the federal government has done nothing for more than 60 years was irrelevant, held the court.

Anyone who is surprised at this does not know our courts very well. The "rule of law" means nothing to the tyrannical judges who are so fond of the "rule of judges". Protecting the right of government to take your land and give it to another citizen is far more important than holding our government responsible for its legal obligations. The Kelo decision provides a whole new definition to the "taking" protection of our Constitution. The new definition is that government can take anything it wants and you get nothing.

Not exactly what the Constitution says, but then it is a "living" Constitution acording to our judges. The Cannon family is just one more group of citizens who have found out that liberal judges have stripped us of all Constitutional protections and rights and replaced them with "the rule of judges".