Doesn’t the state also control the courts? I think as a country we have gotten too used to the idea that our legal system isn’t just a framework used to keep society civil. Just as oligarch can weaponize the system, we can use that same system against them if we wanted to.
There are no less than two separate court systems the billionaire could use – CA’s own, and the federal courts. Plus maybe those of whatever state they fled to.
Since the 5th amendment is what requires states to pay for property they seize, this isnt a CA only thing that could miss the federal court like CA’s “all beeches are and have always been public” rule.
if Trump has shown anything its that the courts have no power that isn’t willingly given to them. States already have a pretty good justification with the clear departure of president and the extreme use of the shadow docket. An aligned state system can get creative and work around a compromised federal system if the will of the people is there. This exercise is fun but at the end of day our democracy is still based on the collective will of people, for now.
Kind of. But if it’s not “fair market value”, the owner can (and will!) sue to either block the seizure or be paid the difference. Plus expenses.
Doesn’t the state also control the courts? I think as a country we have gotten too used to the idea that our legal system isn’t just a framework used to keep society civil. Just as oligarch can weaponize the system, we can use that same system against them if we wanted to.
There are no less than two separate court systems the billionaire could use – CA’s own, and the federal courts. Plus maybe those of whatever state they fled to.
Since the 5th amendment is what requires states to pay for property they seize, this isnt a CA only thing that could miss the federal court like CA’s “all beeches are and have always been public” rule.
if Trump has shown anything its that the courts have no power that isn’t willingly given to them. States already have a pretty good justification with the clear departure of president and the extreme use of the shadow docket. An aligned state system can get creative and work around a compromised federal system if the will of the people is there. This exercise is fun but at the end of day our democracy is still based on the collective will of people, for now.