A repost from a month ago seems appropriate… An American president can become a tyrant only with Congress’s acquiescence
In 1803 Chief Justice John Marshall changed the face of American government. He did it in such a subtle way that few people understood the consequences of his act at the time. After losing the election of 1800 and in an effort to thwart the power of victor Thomas Jefferson, John Adams sought to place dozens of party loyalists into various positions in the judicial | Read More »
A conservative case against judicial review
Many conservatives have come out in recent days with full throated endorsements of the Supreme Court’s policy of judicial review. It is so ingrained in our political and legal culture that it is difficult to imagine an America where the Court didn’t have the power to deem legislation unconstitutional. If judicial activism is defined as a court creating new rights that are not outlined or | Read More »
Obama is right on unelected judges
Last week, President Obama took on the Court, questioning its authority to overturn a validly passed Congressional law. Good for him. For a week now, republicans have feigned outrage at the suggestion that the Court’s opinion wouldn’t remain supreme. Only a few weeks ago, Newt Gingrich was espousing the same sentiments. See here: http://griffinelection.wordpress.com/2012/01/12/newt-gingrich-is-a-friend-to-dred-scott/ And here: http://griffinelection.wordpress.com/2011/12/20/newt-is-right-we-need-to-reel-in-scotus/ These republicans have acted shamefully. It is a | Read More »
Where Does the Supreme Court Get Its Power?
This week the eyes of everyone concerned with the continuance of limited government were riveted on the Supreme Court. For three days the nine Justices heard arguments by the Solicitor General in favor of ruling the individual mandate which is the keystone of Obamacare constitutional. They also heard the representatives of twenty-six States argue that it is unconstitutional. This is the first time that a | Read More »