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Text of the page (random words):
ongress epstein and walker appendix 1 p 691 therefore if the constitution is the supreme law and the legislature enacts contradictory statute marshall sums an act of the legislature repugnant to the constitution is void marbury p 75 c ol 2 pp 1 ultimately the c onstitution as the word of the people must be supreme to the statutory laws of our government lest the servant be greater than the master the supreme law of the land the constitution can only be changed through amendment to that document which requires the express consent of the people this brings us to marshall s view of the nature of the judiciary justice marshall could not be clearer when he contends it is emphatically the province and duty of the judicial department to say what the law is marbury p 75 col 2 pp 4 in cases where there is a conflict between laws and rules it is up to the court to expound and interpret that rule the courts must decide on the operation of each ibid marshall goes further to say this is the very essence of judicial duty ma rbury p 75 col 2 pp 5 this is the most elemental and powerful tool of the courts judicial review in a nutshell it is imperative at this point to discuss judicial reach and the concepts of original and appellate jurisdiction the judicial power of the united states is extended to all cases arising under the constitution marbury p 76 col 1 pp 2 here marshall quotes nearly directly from the c onstitution article iii section 2 which goes on to enumerate those domain s where the supreme c ourt is given the grant of authority by the people of the united states the c onstitution is very clear in specifying the boundaries between original jurisdiction and includes cases dealing with ambassadorships other governments and conflicts between states among others the c onstitution provid es that in all other cases the s upre me c ourt shall have appellate jurisdiction in other words that they need to originate in a lower court f irst before being taken to the supreme c ourt for appeal marshall turns to the c onstitution to show us how the people explicitly granted powers to the various branches of government then says from these and many other selections which might be made it is apparent that the framers of the constitution contemplated that instrument as a rule for the government of courts as well as of the legislature marbury p 76 col 2 pp 1 he uses as example the oath of office to which justices are compelled to swear how immoral to impose it on them if the y were to be used as the instruments and the knowing instruments for violating what they swear to support marbury p 76 col 2 pp 2 and further why does a judge swear to discharge his duties agreeably to the constitution of the united states if that constitution forms no rule for his government if it is closed to him and cannot be inspected by him marbury p 76 col 2 pp 4 this simply cannot be the case resuming the examination of the issues of the case it was ruled first yes william marbury had been duly nominated and appointed and was therefore secondly entitled to the commission of his duties third yes marbury is entitled to remedy after all there can be no right without remedy however whether it was the role of the supreme court to confer that remedy is the crux of this case by applying marshall s view that the c onstitution trumps statutory law and that it is the role of the supreme c ourt to decide the law the obvious conclusion is that the judiciary act by amending the role of the supreme court without a grant of authority from the people to do so by means of a c onstitutional amendment was unconstitutional further it is the role of the supreme court to say what the law is and in this case it is the opinion of the court that the provisions made by the judiciary act of 1789 were unconstitutional and subsequently void thus these provisions cannot be applied the supreme court is not in authority to issue writs of mandamus and the case is dismissed question 4 four cases that we have studied thus far illustrate the power of checks and balances specific to the judiciary s ability to examine the actions of another body in these cases the congress to determine whether these actions are constitutional this is the power of judicial review thou gh the issues in these cases vary enormously the common thread that unites them is the power of the courts to examine the actions of congress and make determinations about the validity of their actions in the first case mccullough v maryland one of the two central arguments facing the court was whether the congress had the power to establish a federal bank in authoring the opinion of the court chief justice marshall explains for us the issue the conflicting powers of the government of the union and of its members as marked in that constitution mccullough p 159 col 2 pp 1 of the case marshall goes further to illustrate the importance of the issue the delicacy of it and the reverence with which the court intended to treat the case on the supreme court of the united states has the constitution of our country devolved this important duty ibid it is clear that marshall understood that the issue of the court speaking to the constitutionality of congressional action was potentially explosive marshall speaks to the text of the constitution on the question of whether congress had the right to establish a bank among the enumerated powers we do not find that of establishing a bank or creating a corporation but there is no phrase in the instrument which like the articles of confederation excludes incidental or implied powers and which requires that everything granted shall be expressly and minutely described mccullough p 160 col 1 pp 1 in short there is no language in the document preventing the establishment of a bank or language excluding implied powers in fact should the constitution enumerate every single power it confers would partake of a prolixity of a legal code and could scarcely be embraced by the human mind ibid according to marshall the nature of the c onstitution speaks to the grander scope of powers and constraints leaving the minutiae to be deduced from the nature of the objects themselves ibid further marshall discusses the expressed powers of the government specifically obligations related to the power of the sword and the purse mccullough p 160 col 1 pp 2 and the logical assumption that should a government be entrusted with such enormous powers it must also be entrusted with ample means for their execution mccullough p 160 col 2 p 1 the opinion then turns to the necessary and proper clause to its enumeration of powers is added that of making all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this constitution in the government of the united states or in any department thereof mccullough p 160 col 2 pp 3 marshall sums admitting that the powers of the government are limited the obligations of the government to perform its enumerated duties necessitate it to have implied powers to execute its duties in a manner most beneficial to the people let the end be legitimate let it be within the scope of the constitution and all means which are appropriate which are plainly adapted to the letter and spirit of the constitution are constitutional mccullough p 161 col 2 pp 4 thus chief justice marshall in delivering the opinion of the supreme court acknowledges congress s right to establish a bank in the second case powell v mccormack representative adam clayton powell jr in the wake of an investigation of ethics violations was excluded from the us house of representatives powell filed suit and speaker of the house of representatives john mccormack argued that first it is the right of the h ouse to determine who is qualified to be a member and to exclude those who failed to meet the standards and second that under the political questions argument this case was not appropriate for consideration by the court article 1 section 2 of the constitution provides that qualified members of the house of representatives shall be at least 25 years of age live in the united states for a period of at least 7 years and reside in the state they are elected to represent chief justice earl warren spoke to the political question issue first concluding that art i sec 5 is at most a textually demonstrable commitment to congress to judge only the qualifications expressly set forth in the constitution therefore the textual commitment formulation of the political question doctrine does not bar federal courts from adjudicating petitioner s claims powell p 138 col 2 pp 2 in short the court was the proper venue for this case as to the principal claim that congress and congress alone should have the right to determine the eligibility of its members it was ruled that since adam clayton powell jr was duly elected by the voters of the 18 th congressional district of new york and was not ineligible to serve under any provision of the constitution the house was without power to exclude him from its membership powell p 138 col 2 pp 3 here the supreme court has once again determined whether the actions of congress are constitutional or not in the third case south carolina v katzenbach south carolina challenged the constitutionality of the voting rights act of 1965 which sought to penalize states for failing to conform to the act alleging that the legislation was not appropriate to enforce the fifteenth amendment that it infringed on states rights and that it had the effect of treating states in an unequal manner epstein and walker p 185 col 2 pp 2 chief justice earl warren issued the opinion of the court referring to the insidious and pervasive evil which had been perpetuated in certain parts of our country through unremitting and ingenious defiance of the constitution katzenbach p 186 col 1 pp 2 the opinion of the court was that congress may use any rational means to effectuate the constitutional prohibition of racial discrimination in voting katzenbach p 186 col 1 pp 5 warren invokes the wisdom of justice marshall who in mccullough v maryland who in sum said that as long as the goal is legitimate and the means just and carried out in accordance with the constitution the actions are constitutional logically it follows if the provisions of the voting rights act of 1965 support and uphold the constitution if it is thus constitutional it cannot be unconstitutional in the fourth case mistretta v united states the courts were faced with the issue of whether the congress could delegate their legislative authority in an attempt to make more uniform the code for sentencing criminals for federal crimes congress established the united states sentencing commission this body made up of seven members nominated by the president approved by the senate including at least three federal judges and with a balance of political representation would review criminal sentences according to strict guidelines established by the congress john mistretta convicted of three counts of cocaine trafficking challenged the constitutionality of this commission charging that the establishment of the commission violated the delegation of powers principle the opinion of the court however as delivered by chief justice harry a blackmun does no t agree with mistretta while the court acknowledges that the principle of nondelegation mandates that in accordance with our separation of power principle congress cannot give away its grant of authority by the people of the united states to another branch of government it does not prohibit congress from seeking the assistance of its coordinate branches mistretta p 273 col 2 pp 2 blackmun continues we harbor no doubt that congress delegation of authority to the sentencing commission is specifically specific and detailed to meet constitutional requirements mistretta p 274 col 1 pp 1 in his closing blackmun describes the complexity of criminal sentencing as precisely the sort of intricate labor intensive task for which delegation to an expert body is especially appropriate here again the supreme court has evaluated an action taken by congress by the standards set forth in the constitution of the united states these four cases examined above are wildly divergent in their merits however a common thread runs through them in each case the court was asked to evaluate the constitutionality of actions taken by the legislative branch using the power of judicial review as a check on the power of congress 2 posted by cara valente compton at 12 21 pm 2 comments thursday july 02 2009 woman gives birth leaves baby in port a potty i hate to even go into one of these nightmarish reeking hellishly blue upright coffins of doom i remember twenty years ago at the unm fiestas out on johnson field while dancing to this kick ass reggae band a crash and a roar of laughter as some one tipped a port a potty and a guy emerged moments later blue and puking i cannot imagine stopping into one giving birth and leaving the kid there i won t even let my kids go in one if i can help it keith olbermann here is a candidate for today s worst person in the world posted by cara valente compton at 9 05 am 2 comments wednesday july 01 2009 a personal message for governor mark sanford a few minutes ago i was having a conversation with my husband he was talking about you he asked me did you hear about this sanford is claiming that this woman is his soulmate and that this is a tragic love story but he was going to learn to love his wife again me um yeah husband now if i were to have an affair and you found out and forced me to break it off me oh no need to worry i would break it off for you scared look he knows i mean that husband ok so then i have to go back to argentina just to make sure it wasn t a mirage or something and i get caught and i say i really love this woman but i will make myself learn to love my wife again how would that go over me not well my friend i don t recommend you try it just go away you don t deserve your job you don t deserve your wife i am sure your state would be happy if you just went away go to argentina and get your freak on that s all posted by cara a valente compton at 7 52 pm no comments tuesday march 24 2009 lts gets a b i am taking this great class the american presidency our professor is young energetic and manages to make each class interesting i have noticed that there are a lot of young girls in the class no doubt in part to his tall casual good looks he is a really nice guy and i am really enjoying the class on most days there have been a couple of times where i have left close to tears the professor stresses participation but several times has waved me off and even said anyone but cara now a couple of weeks ago we were facing our midterm exam and i was worried about the general nature of the professor s review guidelines and i also wanted to probe him a bit about his feelings regarding my participation in...