Tag: supreme court
SCOTUS: 6 despots in minister’s robes
It is emphatically the province and duty of the Judicial Department to say what the law is. ~ Chief Justice John Marshall, Marbury v. Madison (1803) To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an […]
Progressives’ 6th Amendment
In their notes on the Sixth Amendment, O’Connor and Sabato’s textbook, “American Government: Roots and Reform,” wrote that it was “the centerpiece of the constitutional guarantees afforded to individuals facing criminal prosecution … [and] sets out eight specific rights, more than any other provision of the Bill of Rights.” Here is the full text of the Sixth Amendment:
Progressives’ 6th Amendment
In their notes on the Sixth Amendment, O’Connor and Sabato’s textbook, “American Government: Roots and Reform,” wrote that it was “the centerpiece of the constitutional guarantees afforded to individuals facing criminal prosecution … [and] sets out eight specific rights, more than any other provision of the Bill of Rights.” Here is the full text of the Sixth Amendment:
THE CRUEL AND UNUSUAL 8TH AMENDMENT
In characteristic, succinct style the Eighth Amendment has few words – Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted – yet the Eighth Amendment has produced a vast volume of commentary and litigation since its ratification in 1791. This should not be surprising, as the three major provisions of the amendment address some of the most controversial and emotionally charged issues concerning the rights of criminal defendants, which were greatly expanded during the eras of the Warren Court (1953-69) and the Burger Court (1969-86).
THE CRUEL AND UNUSUAL 8TH AMENDMENT
In characteristic, succinct style the Eighth Amendment has few words – Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted – yet the Eighth Amendment has produced a vast volume of commentary and litigation since its ratification in 1791. This should not be surprising, as the three major provisions of the amendment address some of the most controversial and emotionally charged issues concerning the rights of criminal defendants, which were greatly expanded during the eras of the Warren Court (1953-69) and the Burger Court (1969-86).
OLIVER WENDELL HOLMES’ TRAITOROUS JURISPRUDENCE
If you were to ask a typical liberal, progressive, or even a Marxist/socialist jurist who was the most important Supreme Court justice of the 20th century, invariably the name cited most often would be Justice Oliver Wendell Holmes. Holmes served on the Supreme Court from 1902-32, and many of his majority (and dissenting) opinions are considered some of the most legendary and sublime utterances in the history of the high court.
JOHN MARSHALL’S FASCIST JURISPRUDENCE
As the Supreme Court ended a tumultuous week of oral arguments on Obamacare, all of the legal and political pundits are scurrying around like ants, reading and rereading every word of the justices, dissecting every syllable, every verbal inflection; trying in vain to read the tea leaves, to deduce how the court, or more pointedly how the court’s swing justice, Anthony Kennedy, will decide the fate of the Obamacare mandate tax/penalty.
4-4 Tie deconstructs Supreme Court oligarchy
A black drape has been placed on the chair of Justice Antonin Scalia (1936-2016) To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. ~ Jefferson letter to Wm. Jarvis (1820) Jordan Weissmann, a fine […]
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