Congress, the Court, and the Constitution: Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Fifth Congress, Second Session, January 29, 1998U.S. Government Printing Office, 1999 - 149 páginas |
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... Chief of Staff - General Counsel JULIAN EPSTEIN , Minority Staff Director SUBCOMMITTEE ON THE CONSTITUTION CHARLES T. CANADY , Florida , Chairman KERI FOLMAR , Chief Counsel JOHN H. LADD , Counsel ROBERT J. CORRY , Counsel CATHLEEN ...
... Chief of Staff - General Counsel JULIAN EPSTEIN , Minority Staff Director SUBCOMMITTEE ON THE CONSTITUTION CHARLES T. CANADY , Florida , Chairman KERI FOLMAR , Chief Counsel JOHN H. LADD , Counsel ROBERT J. CORRY , Counsel CATHLEEN ...
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... Chief Counsel ; Brett Shogren , Research Assistant ; Michael Connally , Staff Assist- ant ; Brian Woolfolk , Minority Staff ; Julian Epstein , Minority Staff Director , and Robert Carry , Counsel . OPENING STATEMENT OF CHAIRMAN CANADY ...
... Chief Counsel ; Brett Shogren , Research Assistant ; Michael Connally , Staff Assist- ant ; Brian Woolfolk , Minority Staff ; Julian Epstein , Minority Staff Director , and Robert Carry , Counsel . OPENING STATEMENT OF CHAIRMAN CANADY ...
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... Chief Justice Rehnquist . I look forward to the testimony of the witnesses , Mr. Chairman , to see whether or not we would have been better off without these activist judges on our Court . [ Laughter . ] So I look forward to the ...
... Chief Justice Rehnquist . I look forward to the testimony of the witnesses , Mr. Chairman , to see whether or not we would have been better off without these activist judges on our Court . [ Laughter . ] So I look forward to the ...
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... Chief Justice John Marshall , who , just 2 years after Marbury , noted the desirability of the legislature to interpose a substantive check on the Court's interpretations . Thomas Jefferson , in 1820 , put his rejection of the doctrine ...
... Chief Justice John Marshall , who , just 2 years after Marbury , noted the desirability of the legislature to interpose a substantive check on the Court's interpretations . Thomas Jefferson , in 1820 , put his rejection of the doctrine ...
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... Chief Justice John Marshall , who , just two years after the famous Marbury decision , noted the desirability of the legislature to interpose a substantive check on the Court's interpretations.2 -Thomas Jefferson , in 1820 put his ...
... Chief Justice John Marshall , who , just two years after the famous Marbury decision , noted the desirability of the legislature to interpose a substantive check on the Court's interpretations.2 -Thomas Jefferson , in 1820 put his ...
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abortion ACLU action Alexander & Schauer Alexander and Schauer authority Bill of Rights branches of government CANADY Chairman challenge Chief Justice child labor City of Boerne Clinton Commerce Clause Cong congressional constitutional interpretation constitutional law constitutional questions constitutional rights constitutional values constitutionality Court rulings Currie debate decide deference doctrine Dred Scott duty enact enforce example executive branch federal courts federal judges Federalist final Flores Fourteenth Amendment framers Franck Free Exercise Clause GOODLATTE gress hear House impeachment independent interpret the Constitution invalidate judicial activism Judicial Exclusivity judicial power judicial review judicial supremacy judiciary nature jurisdiction Law Review limits Louis Fisher Madison Marbury Marshall meaning Members of Congress ment Nadine Strossen Neal Devins opinion overturn passed pocket veto President Professor prohibit provisions recess appointments RFRA role Senate separation of powers Stat statement statute STROSSEN supra note Thank tion tional unconstitutional United uphold veto vote
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Página 85 - The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts.
Página 7 - The Congress, the Executive and the Court must each for itself be guided by its own opinion of the Constitution. Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others.
Página 16 - Thus, the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.
Página 7 - The opinion of the judges has no more authority over congress than the opinion of congress has over the judges, and on that point the president is independent of both. The authority of the supreme court must not, therefore, be permitted to control the congress or the executive, when acting in their legislative capacities, but to have only such influence as the force of their reasoning may deserve.
Página 9 - At the same time, the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal.
Página 19 - Deciding whether a matter has in any measure been committed by the Constitution to another branch of government, or whether the action of that branch exceeds whatever authority has been committed, is itself a delicate exercise in constitutional interpretation, and is a responsibility of this Court as ultimate interpreter of the Constitution.
Página 7 - You seem, in pages 84 and 148, to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps. Their maxim is "boni judicis est ampliare jurisdictionem...
Página 55 - When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority, or in which its distribution is uncertain.
Página 104 - If two laws conflict with each other the courts must decide on the operation of each. So, if a law be in opposition to the Constitution; if both the law and the Constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
Página 75 - The legislative department derives a superiority, in our Governments, from other circumstances. Its constitutional powers being at once more extensive and less susceptible of precise limits, it can, with the greater facility, mask, under complicated and indirect measures, the encroachments which it makes on the co-ordinate departments.