Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Smartass
Unfortunately, it all started in 1803, in Marberry v. Madison, whereas, the U.S. Supreme Court pulled off a power grab, and have never looked back.

A yes. MvM, where the Supreme Court said, in essence, "Well, we would find for party X, except that because in this particular case the proposed remedy would be moot, we find for party Y." Given that the proposed remedy was, in fact, moot by the time the case was decided, party X couldn't really object. And since party Y won, Y couldn't really squawk either. Hence the court managed to issue a precedent-setting opinion which nobody could squawk about.

60 posted on 03/15/2005 5:08:46 PM PST by supercat ("Though her life has been sold for corrupt men's gold, she refuses to give up the ghost.")
[ Post Reply | Private Reply | To 58 | View Replies ]


To: supercat; Grampa Dave
This is a good read...Kind of explains your X, and O's (Y's too)!

Scalia Slams 'Living Constitution' Theory

 

68 posted on 03/15/2005 5:28:04 PM PST by Smartass (BUSH & CHENEY to 2008 Si vis pacem, para bellum - Por el dedo de Dios se escribió)
[ Post Reply | Private Reply | To 60 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson