Bridge to somewhere
Mark Tushnet
tushnet at law.georgetown.edu
Fri Nov 11 17:36:33 PST 2005
I may have missed this if it was mentioned before, and if so I
apologize. Sandy's post reminds me of the recently adopted
slogan for the Alalska tourist industry, "See Alaska Before You
Die." Some have transformed this into "See Alaska and Die,"
but I prefer the "logical" transposition, "If You Never Go to
Alaska, You'll Live Forever."
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I think we all agree this passes muster under the modern commerce (and =
postal power) clauses. But doesn't Hank's informative posting underscore =
the point, made by Peterson, that there's no reason in the world for the =
rest of us to subsidize the development of the Alaskan tourist industry =
unless, as a matter of empirical fact, a) we think the rest of the =
country will benefit from going to Alaska and b) Alaska is just too poor =
to pay for such infrastructural investments itself and the rest of us, =
including Louisiana and Mississippi, etc., should be delighted to help =
them out. =20
=20
I must say that Ted Stevens is driving me towrad a conservatism I never =
knew was in me :) (Somewhat more seriously, it exposes the bogus =
quality of most "conservative" legisaltors' "conservatism" when pork for =
their constituents is involved. (Liberals are no better, of course, =
it's only that they're less sanctimonious about public spending.)
=20
sandy
________________________________
From: conlawprof-bounces at lists.ucla.edu on behalf of Chambers, Henry
Sent: f=F6s. 11.11.2005 07:48
To: Ronald Nelson; bobsheridan at earthlink.net; jr167163e at mail1.umt.edu
Cc: conlawprof at lists.ucla.edu
Subject: RE: Bridge to somewhere
Hello all -
The airport's name is the Ketchikan International Airport. In addition,
a substantial amount of commerce, related to tourism (apparently
Ketchikan is a stop for many Alaska cruises) and otherwise, flows
through Ketchikan. Presumably, the bridge will help facilitate the flow
of that commerce and additional commerce that may come to Ketchikan as
it expands. From what I can tell, Ketchikan's population has surged
from 8,000 to 14,500 in the past several years. Spending some amount of
federal highway funds on a bridge from the airport to the town seems
clearly defensible under current constitutional doctrine.=20
Conversely, spending more than $200 million in federal highway funds for
the bridge seems just plain nuts.=20
-Hank
Henry L. Chambers, Jr., Professor of Law
University of Richmond School of Law
28 Westhampton Way
Richmond, VA 23173
804-289-8199
-----Original Message-----
From: conlawprof-bounces at lists.ucla.edu
[mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of Ronald Nelson
Sent: Friday, November 11, 2005 7:27 AM
To: bobsheridan at earthlink.net; jr167163e at mail1.umt.edu
Cc: conlawprof at lists.ucla.edu
Subject: Re: Bridge to somewhere
Actually, Ketchikan is one of the two "major" cities of Southeast
Alaska. It is served by direct filghts from Seattle on a regular direct
flight bases approximately 4 times per day. Ketchikan is the closest
city/town to the lower 48 or "outside" as it is often referred to in the
50th state.
Ron Nelson
Ronald L. Nelson, J.D., Ph.D.
Assistant Professor and Pre-Law Advisor
Department of Political Science &
Criminal Justice
HUMB 226
University of South Alabama
Mobile, Alabama 36688-0002
251 460 6725 rnelson at usouthal.edu
_______________________________________________
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<DIV id=3DidOWAReplyText72914 dir=3Dltr>=0A=
<DIV dir=3Dltr><FONT face=3DArial color=3D#000000 size=3D2>I think we =
all agree this =0A=
passes muster under the modern commerce (and postal power) clauses. But =
doesn't =0A=
Hank's informative posting underscore the point, made by Peterson, that =
there's =0A=
no reason in the world for the rest of us to subsidize the development =
of the =0A=
Alaskan tourist industry unless, as a matter of empirical fact, a) we =
think the =0A=
rest of the country will benefit from going to Alaska and b) Alaska is =
just too =0A=
poor to pay for such infrastructural investments itself and the =
rest of us, =0A=
including Louisiana and Mississippi, etc., should be delighted to help =
them =0A=
out. </FONT></DIV>=0A=
<DIV dir=3Dltr><FONT face=3DArial size=3D2></FONT> </DIV>=0A=
<DIV dir=3Dltr><FONT face=3DArial size=3D2>I must say that Ted Stevens =
is driving me =0A=
towrad a conservatism I never knew was in me :) (Somewhat more =
seriously, =0A=
it exposes the bogus quality of most "conservative" legisaltors' =
"conservatism" =0A=
when pork for their constituents is involved. (Liberals are no =
better, of =0A=
course, it's only that they're less sanctimonious about public =0A=
spending.)</FONT></DIV>=0A=
<DIV dir=3Dltr><FONT face=3DArial size=3D2></FONT> </DIV>=0A=
<DIV dir=3Dltr><FONT face=3DArial size=3D2>sandy</FONT></DIV></DIV>=0A=
<DIV dir=3Dltr><BR>=0A=
<HR tabIndex=3D-1>=0A=
<FONT face=3DTahoma size=3D2><B>From:</B> =
conlawprof-bounces at lists.ucla.edu on =0A=
behalf of Chambers, Henry<BR><B>Sent:</B> f=F6s. 11.11.2005 =
07:48<BR><B>To:</B> =0A=
Ronald Nelson; bobsheridan at earthlink.net; =
jr167163e at mail1.umt.edu<BR><B>Cc:</B> =0A=
conlawprof at lists.ucla.edu<BR><B>Subject:</B> RE: Bridge to =0A=
somewhere<BR></FONT><BR></DIV>=0A=
<DIV>=0A=
<P><FONT size=3D2>Hello all -<BR><BR>The airport's name is the Ketchikan =0A=
International Airport. In addition,<BR>a substantial amount of =
commerce, =0A=
related to tourism (apparently<BR>Ketchikan is a stop for many Alaska =
cruises) =0A=
and otherwise, flows<BR>through Ketchikan. Presumably, the bridge =
will =0A=
help facilitate the flow<BR>of that commerce and additional commerce =
that may =0A=
come to Ketchikan as<BR>it expands. From what I can tell, =
Ketchikan's =0A=
population has surged<BR>from 8,000 to 14,500 in the past several =
years. =0A=
Spending some amount of<BR>federal highway funds on a bridge from the =
airport to =0A=
the town seems<BR>clearly defensible under current constitutional =0A=
doctrine. <BR><BR>Conversely, spending more than $200 million in =
federal =0A=
highway funds for<BR>the bridge seems just plain =0A=
nuts. <BR><BR>-Hank<BR><BR>Henry L. Chambers, Jr., Professor of =0A=
Law<BR>University of Richmond School of Law<BR>28 Westhampton =
Way<BR>Richmond, =0A=
VA 23173<BR>804-289-8199<BR><BR>-----Original Message-----<BR>From: =0A=
conlawprof-bounces at lists.ucla.edu<BR>[<A =0A=
href=3D"mailto:conlawprof-bounces at lists.ucla.edu">mailto:conlawprof-bounc=
es at lists.ucla.edu</A>] =0A=
On Behalf Of Ronald Nelson<BR>Sent: Friday, November 11, 2005 7:27 =
AM<BR>To: =0A=
bobsheridan at earthlink.net; jr167163e at mail1.umt.edu<BR>Cc: =0A=
conlawprof at lists.ucla.edu<BR>Subject: Re: Bridge to =
somewhere<BR><BR>Actually, =0A=
Ketchikan is one of the two "major" cities of Southeast<BR>Alaska. =
It is =0A=
served by direct filghts from Seattle on a regular direct<BR>flight =
bases =0A=
approximately 4 times per day. Ketchikan is the =
closest<BR>city/town to =0A=
the lower 48 or "outside" as it is often referred to in the<BR>50th =0A=
state.<BR><BR>Ron Nelson<BR><BR>Ronald L. Nelson, J.D., =
Ph.D.<BR>Assistant =0A=
Professor and Pre-Law Advisor<BR>Department of Political Science =0A=
&<BR>Criminal Justice<BR>HUMB 226<BR>University of South =
Alabama<BR>Mobile, =0A=
Alabama 36688-0002<BR>251 460 6725 =0A=
rnelson at usouthal.edu<BR>_______________________________________________<B=
R>To =0A=
post, send message to Conlawprof at lists.ucla.edu<BR>To subscribe, =
unsubscribe, =0A=
change options, or get password, see <A =0A=
href=3D"http://lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof">http:/=
/lists.ucla.edu/cgi-bin/mailman/listinfo/conlawprof</A><BR><BR>Please =0A=
note that messages sent to this large list cannot be viewed as =
private. =0A=
Anyone can subscribe to the list and read messages that are posted; =
people can =0A=
read the Web archives; and list members can (rightly or wrongly) forward =
the =0A=
messages to others.<BR></FONT></P></DIV>=0A=
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