"While Congress can't overturn the Supreme Court, we can provide carrots and sticks to prevent local governments from unfairly taking property from landowners"
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A neat piece of legislative jiu-jitsu: concede constitutional limits, then pivot to leverage. Herseth’s line opens by lowering expectations - Congress “can’t overturn the Supreme Court” - a disarming admission that signals sobriety and respect for separation of powers. It’s also a strategic throat-clear before the real message: we can still shape outcomes. The phrase “carrots and sticks” is blunt, almost folksy, translating the abstract machinery of federalism into incentives and punishments any voter can picture. It frames Congress not as a powerless bystander after an unpopular ruling, but as a practical actor with budgetary muscle.
The subtext is almost certainly post-Kelo (2005), when the Supreme Court upheld broad “public use” eminent domain that many Americans heard as a green light for developers. Herseth is threading a needle common to politicians in that moment: affirm the Court’s authority while promising retaliation-by-proxy. Instead of challenging the decision head-on, she implies Congress can choke off funds, condition grants, or reward states that tighten eminent domain rules. That’s governance via the wallet, not the gavel.
Notice the rhetorical casting: “local governments” become the suspect agents, while “landowners” are the sympathetic protagonists. “Unfairly” does heavy lifting, smuggling in moral certainty without litigating what counts as fair. The intent is coalition-building: reassure property-rights conservatives, tap populist distrust of city hall and backroom deals, and still sound institutionally responsible. It’s a promise of control in a system designed to disperse it.
The subtext is almost certainly post-Kelo (2005), when the Supreme Court upheld broad “public use” eminent domain that many Americans heard as a green light for developers. Herseth is threading a needle common to politicians in that moment: affirm the Court’s authority while promising retaliation-by-proxy. Instead of challenging the decision head-on, she implies Congress can choke off funds, condition grants, or reward states that tighten eminent domain rules. That’s governance via the wallet, not the gavel.
Notice the rhetorical casting: “local governments” become the suspect agents, while “landowners” are the sympathetic protagonists. “Unfairly” does heavy lifting, smuggling in moral certainty without litigating what counts as fair. The intent is coalition-building: reassure property-rights conservatives, tap populist distrust of city hall and backroom deals, and still sound institutionally responsible. It’s a promise of control in a system designed to disperse it.
Quote Details
| Topic | Justice |
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