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To: P-Marlowe

George Washington signed the Judiciary Act of 1789 into law.

By your definition, that makes him a “progressive.”

It takes a rare combination of arrogance and stupidity to define George Washington as a “progressive.”

On that score, you certainly do win!


79 posted on 08/04/2010 10:31:07 PM PDT by SirJohnBarleycorn
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To: SirJohnBarleycorn; xzins; Alamo-Girl
George Washington signed the Judiciary Act of 1789 into law.

The attempt to convey original jurisdiction on the Supreme Court for cases that were not specifically mention in the Constitution was declared unconstitutional by John Marshall in Marbury v. Madison. Marshall went on to say that granting lower courts original jurisdiction on cases that the Supreme Court had original jurisdiction would likewise be unconstitutional.

Marshall was an originalist. The tendency to interpret the constitution liberally so as to give the Federal Government more power over the states is progressive. That is where you are coming from in this matter between the United States and Arizona.

By your definition, that makes him a “progressive.”

Not necessarily. The Judiciary Act of 1789 did not expand the role of the Federal Government by granting lower courts the jurisdiction to rule on cases like the United States v. Arizona. It attempted to expand the original jurisdiction of the Supreme Court beyond that which it was constitutionally authorized to have. Marshall knocked that down. Had George Washington attempted to allow the Federal Government to walk all over the rights of the States to have their controversies heard only under the Jurisdiction of the Supreme Court, then George Washington could rightly be labeled as an early progressive. But he didn't; so he wasn't.

You however support the notion that the United States can forum shop for the right inferior courts and loyal judges to bring lawsuits against the several states. I think George Washington would have been appalled at that idea. Hamilton (who was the closest thing to a modern progressive that you could find in 1789) was certainly appalled at that idea. Marshall was certainly appalled by that idea. Obama loves it. Holder loves it. You love it. Need I say more?

BTW I thought you were "done".

Was that just blowing smoke are are you now "Done". If you are "done" don't answer.

80 posted on 08/04/2010 10:45:42 PM PDT by P-Marlowe (LPFOKETT GAHCOEEP-w/o*)
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