Quote:
Originally Posted by Mr Downtown
Yes, I suppose that could override Illinois Central to allow the Lucas Museum. I wonder why Mayor Emanuel didn't try that?
Then what do you view as the underpinning of Illinois Central? I suggest you reread pp. 138-141 of the Hurlburt note cited above.
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No, my issue is with your statement that "The Public Trust Doctrine is federal common law. It's doubtful that even Congress could change it." That is completely false as Congress
could enact statutory law that would supersede any federal common law. States
could then challenge the new statutory law as being unconstitutional and the Supreme Court
could agree, in which Congress
could amend the constitution.
Laws are made all the time that replace common law. Common law does not supersede act of Congress. And it is possible that any law can be changed in the future, and changed multiple times (see 18th and 21st Amendments as an example of this) That's all I'm saying.