Mr. Choate, an important message from Justice Scalia....

James A. Donald jamesd at echeque.com
Mon Apr 2 20:47:05 PDT 2001


     --
At 12:43 PM 3/30/2001 -0800, Bill Stewart wrote:
 > Marbury vs. Madison was an entertaining power grab by the Supremes,
 > but while it may not have been explicitly planned by the bunch of
 > politicians who wrote the messy compromise that's the Constitution,
 > the Constitutional requirement that there be a hierarchy of courts
 > with one Supreme Court means that something like it should happen.

Not "should happen", "would happen"

To say that the constitution implicitly implies Marbury vs. Madison is true 
only in the way that for a girl to walk through a dark alley in a short 
short skirt implies consent for sex with random strangers in the alley.

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          James A. Donald
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