Re: Two Lying Presidents......

In article <dovdul$idu$1@xxxxxxxxxxxxxxxxxxxxx>,
"Edward M. Kennedy" <nospam@xxxxxxxxxxxxxxx> wrote:

> I actually have mixed feelings about Marbury, because there is
> IMO indications for reading the way they did, but I don't like
> Marshall's reasoning (unless he had them in mind when choosing
> which option).

Marshall was trying to figure out a way to retain the legitimacy of
the Court; if he granted the writ, there was a real risk Jefferson (&
Madison) would have ignored it. And it was crystal clear that the law
required the Court to issue the writ, so simply denying the request
wasn't an option. Talk about results-oriented jurisprudence...

> The Supremacy clause of the Constitution, the
> Judicial Power vested to all cases of law, and the highest Court
> are good enough for me. That Congress should be able to deny
> appelate juridiction by the Supremes seems as silly as telling
> the SCOTUS to give jurisdiction to the executive branch.

Well, if you read the Constitution, that's what it says... Congress
has the authority to determine the scope of the Court's appellate
jurisdiction (and all "inferior" courts' jurisdiction). So arguably,
except in those hotly contested cases involving ambassadors or States,
the Congress could declare the Supremes have no right of review. To
get around that in all cases or just in cases involving individual
Constitutional rights, you need to make an argument based on the
structure of the Constitution. Or just do what the framers apparently
may have done and put your faith in the legislators to uphold their
duties as a coordinate branch of government.

- geoff
.

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