Wednesday, April 4, 2012

Write 100 Times: I Will Not Pass Unconstitutional Laws

From Fox News: Judges order Justice Department to clarify Obama remarks on health law case

Loved this part:
Smith ordered a response from the [Department of Justice] within 48 hours. The related letter from the court, obtained by Fox News, instructed the Justice Department to provide an explanation of "no less than three pages, single spaced" by noon on Thursday.

So... anybodye else picturing Bart Simpson writing on the chalkboard during the opening credits of "The Simpsons"?


  1. Saw the Bart Simpson "show no disrespect to judicial review" somewhere in a link from The Puppy Blender... now where was that...

  2. Sorry, but one branch of government can't "order" another branch to do or not do anything. See Andrew Jackson for reference. The military obeyed him and not the SC ruling.

    The DOJ is part of the executive branch, and the judiciary has no enforcement mechanism other than the executive branch.

    Separation of powers works great, until it doesn't, which seems to be most of the time lately, oh wait, I was under the delusion the Constitution was still in effect, silly me.

  3. Oops, Patrick. I believe you're conflating Worcester v. Georgia with Jackson's later federal actions, which didn't result in the Jacksonian/SCOTUS event you seem to be referring to. Worcester v. Georgia did not involve any federal law or any involvement of the federal Executive branch. The ruling of which Jackson is apocryphally supposed to have said (he actually did say something similar in a letter), "John Marshall has made his decision; now let him enforce it," involved a private citizen and the State of Georgia (although the case impacted the Cherokee Nation, especially in its citizens' relationships with the State of Georgia, somewhat). Jackson was simply referring to the fact that Marshall could not forcibly compel Georgia to release Samuel Worcester for his opposition to oppression of the Cherokee (and for refusing to apply for a license to operate as a Christian missionary to them).

    Interestingly, although Jackson noted in his letter (to someone I whose name I cannot recall right now) that Marshall could not compel the State of Georgia to release Worcester, Georgia did anyway. Win for Marshall. Fail for Jackson.

    (Note: I am not a constitutional scholar, but Jackson's reprehensible behavior toward Eastern Indian tribes is something of an interest area for me, hence my marginal, half-baked familiarity with Worcester.)

    1. Hey, I just know what I read on the internet, heh.

      Seriously, you have motivated to review this a bit more studiously. My understanding was the SC had ruled against Jackson in favor of Indian tribes, and he ignored their ruling and used the military to forcibly evict them (short version).

    2. However, I still see no enforcement mechanism for the SC to force the President to do anything. Congress and the Senate could impeach him for ignoring the SC, but that's about it.

  4. I just thought it was funny that O got spanked in public. Kinda like seeing a kid misbehave in public and a parent finally getting fed up and smackin' 'em on the behind to get their attention.

    No harm done, but it makes a point. Well, except for those really stubborn kids. Those you have to take out of the store.

    Gee, I sure hope they get O out of the store soon.

  5. Tammi - funny you should mention that: