January 29, 2015
They’ve done it again. The justices of the Supreme Judicial Court have construed a statute by referring to the intent of a single legislator, not the legislature as a whole. It is almost as if they did not read my blog post on the subject.
Today the Court published its decision in Bay Colony Railroad Corp. v. Yarmouth, explaining that in 1994 Congress must have intended to preempt the state regulation of rail transportation of waste to a waste-to-energy facility because then-Congressman Norman Mineta said so (pp. 11-12).
Accordingly, I have whited-out the old version of Article 1, Section 1, in my copy of the Constitution of the United States and revised it to read: “All legislative powers herein granted shall be vested in Norman Y. Mineta.”