tag:blogger.com,1999:blog-5592514.post4127584249286435918..comments2023-10-24T03:46:41.971-07:00Comments on Contingencies: Courtier's CredibilityJhttp://www.blogger.com/profile/11567400697675996283noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-5592514.post-13528507286891554882010-01-30T18:05:35.765-08:002010-01-30T18:05:35.765-08:00Marshall may have been a superior lawyer and super...Marshall may have been a superior lawyer and superior person--tho' reading his tricky arguments in Marbury, I felt like he was a clever legalist. Jefferson on the other hand, however much a rogue, had a certain...je ne sais quoi--philosophical conception of the law, and of the principles of America (tho' again he's not perfect...but the character issue beside the point). <br /><br />Jhttps://www.blogger.com/profile/11567400697675996283noreply@blogger.comtag:blogger.com,1999:blog-5592514.post-2284330934637466542010-01-30T17:37:39.845-08:002010-01-30T17:37:39.845-08:00Washington had passed away by the time the Marbury...Washington had passed away by the time the Marbury case was decided. He left his papers to Marshall though -- and I think one shouldn't assume all that much daylight between their views.CharleyCarphttps://www.blogger.com/profile/14367092598444103753noreply@blogger.comtag:blogger.com,1999:blog-5592514.post-7302547697238816562010-01-30T17:29:47.010-08:002010-01-30T17:29:47.010-08:00No really, read the bio of Luther Martin. You'...No really, read the bio of Luther Martin. You'll like it.CharleyCarphttps://www.blogger.com/profile/14367092598444103753noreply@blogger.comtag:blogger.com,1999:blog-5592514.post-68358259565651872782010-01-30T17:29:00.637-08:002010-01-30T17:29:00.637-08:00Marshall played a leading role in ratification deb...Marshall played a leading role in ratification debates in Virginia, and I think has to be counted as a Founder. Certainly he was at least twice the lawyer Jefferson was.<br /><br />Not a word in the Bill of Rights is worth a goddamn thing without a judiciary that has the power to enforce it. Ditto any and all restrictions in the Constitution. Would that the judiciary did a better job (eg, CharleyCarphttps://www.blogger.com/profile/14367092598444103753noreply@blogger.comtag:blogger.com,1999:blog-5592514.post-30094947325967035522010-01-30T17:18:56.646-08:002010-01-30T17:18:56.646-08:00Scuzi for delay.
Ahh now.......
Au contraire! ...Scuzi for delay. <br /><br /><br />Ahh now.......<br /><br />Au contraire! <br /><br />Attorney I am not, nor professional historian--then most academic historians, even the yankee sort have apparently forgotten the ratification controversies....including Marbury (e.g. check the Eotaw apparatchiks.com). <br /><br />However I am fairly convinced from reading a few sources--not just Herr Jhttps://www.blogger.com/profile/11567400697675996283noreply@blogger.comtag:blogger.com,1999:blog-5592514.post-69894538085446238652010-01-30T16:50:04.660-08:002010-01-30T16:50:04.660-08:00Marshall was right in Marbury: it is the province ...Marshall was right in <i>Marbury</i>: it is the province of the judiciary to say what the law is. His rulings in connection with the Burr conspiracy were also mostly correct, and vitally important for the development of a constitutional republic. <br /><br />Have you read that recent bio of Luther Martin? I think you'll like him, and his argument about constitutional overreach in <i>M'CharleyCarphttps://www.blogger.com/profile/14367092598444103753noreply@blogger.comtag:blogger.com,1999:blog-5592514.post-57223189511728078212010-01-30T04:44:21.224-08:002010-01-30T04:44:21.224-08:00Mr. Carp: I might have phrased that more carefull...Mr. Carp: I might have phrased that more carefully. The right of Judicial Review was not in the US Const., as far as I know. The three powers were considered sort of equal; actually the judiciary probably less power than other two. And the anti-Federalists were not supportive of the Fed. court. <br /><br />Thus, in effect the modern SCOTUS started with John Marshall. Jefferson detested MarshallJhttps://www.blogger.com/profile/11567400697675996283noreply@blogger.comtag:blogger.com,1999:blog-5592514.post-30237256304444703012010-01-29T22:23:27.892-08:002010-01-29T22:23:27.892-08:00SCOTUS was not part of the original Constitution
...<i>SCOTUS was not part of the original Constitution</i><br /><br />???CharleyCarphttps://www.blogger.com/profile/14367092598444103753noreply@blogger.comtag:blogger.com,1999:blog-5592514.post-12263059813971797932010-01-29T19:15:36.907-08:002010-01-29T19:15:36.907-08:00Not that I really know enough to comment, but it d...Not that I really know enough to comment, but it does seem to me that the Court has more intrinsic power than any of the other 'equal parts'. It's bullshit. Maybe I'll start a meme about death schedules, (which will probably turn out to be true.)mark hobackhttps://www.blogger.com/profile/07278212408374559241noreply@blogger.com