Time: Fri Dec 12 16:51:09 1997
To: heritage-l@gate.net
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: C.J. John Marshall (1801) (was "OUR WAR, PART 3")
Bcc: sls

C.J. Rehnquist was addressing the Law School
of the University of Arizona, and was discussing
Marbury v. Madison when he asked the class to
summarize the issues.  Nobody raised their hand,
for a long time.  So, I raised my hand, he let
me speak, and I said, "The issue was that federal
authorities must be expressed and enumerated."
Rehnquist then went to speak, but no words came out
of his mouth, for a very pregnant moment.  He then
said, "No, that was not the issue in Marbury v.
Madison."  But, of course, the U.S. Constitution
does not contain an authority which empowers the
U.S. Supreme Court to hold acts of Congress to be
unconstitutional.  That WAS the issue in Marbury
v. Madison:  John Marshall aggrandized that power
to the U.S. Supreme Court, when it rightly belonged
to the jury, and still does.  C.J. Rehnquist was
wrong, on this crucial point.  For more background,
read "The Lawless Rehnquist" in the Supreme Law
Library, at the URL just below my name here:

/s/ Paul Mitchell,
Candidate for Congress

At 12:57 PM 12/12/97 -0500, you wrote:
>Re my comment on the fact that Federalist John Marshall, appointed the
>chief justice of the Supreme Court in 1801, thereafter romped and stomped
>through the U.S. Constitution, cutting the guts out of the republican form
>of government in the U.S., Jim Dean adds:
>>...(W)hen Jefferson was coming into office, John
>>Adams packed the key Federalists into the courts so they could rule from that
>>protected bastion. Jefferson went ballistic, even holding up one apointment
>>that had not been mailed in time although it was signed. He then did what he
>>could by reducing the Federal beaurocracy of cronies that the Federalists had
>>put in.  But there was nothing he could do about the SP.
>That patch of history makes more sense when you plug in what Jim Dean said.
>Frank Conner

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