link
Right-wing hypocrisy meter just exploded.
So umm... aren't there a lot of these laws out there? Does this throw our entire agricultural system into flux? Though, the article says only a few crops are covered by legislation like this, and it really isn't active.
And why is the bill unconstitutional? It sounds more like they were not fairly compensated
(by the W Administration). The law deals with Due Process. In '03 and '04 doesn't sound like Due Process was upheld.
The Constitution has a specific provision that prohibits the taking of property without compensation, the 5th Amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law;
nor shall private property be taken for public use, without just compensation.
The good news for big Raisin Administration it was only an 8-1 ruling. There is one justice that thinks taking 40% of someone's crop and giving them nothing in return is not a taking without compensation.