Constitutional Law for dummies

Cad

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I think you are saying this just to reinforce the exorbitant fees lawyers charge. "Trust me Mr. Jones, the law surrounding your traffic ticket is quite complex. Oh, here is your billable hours sheet". 😃

Joking of course. Mostly 😆

The problem is that none of the rulings are clear, so there's a lot of uncertainty and a lot of "it depends"...

There is no "this is the answer" it's more like "these are the factors you have to look at to make your best guess as to how a judge would rule on that question"
 

Sanrith Descartes

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The problem is that none of the rulings are clear, so there's a lot of uncertainty and a lot of "it depends"...

There is no "this is the answer" it's more like "these are the factors you have to look at to make your best guess as to how a judge would rule on that question"
I hear you. This is one of the things I am learning from this book. The problem doesn't tend to be settled case law. Its all those "hmm no one every ruled on this specific thing before" issues we get.
 

Khane

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We got the mandate for masks in CT on Monday but it's a nebulous "executive order" at best. It reads that you must wear a mask when out in *public* places where you *cannot social distance*.

Exactly what public places are even open where you can't social distance? Anywhere that is still open you theoretically can social distance just fine and that's kind of the point of closing things down. And is private property still considered a public place if it's something like a grocery store? It's hard to actually decipher it and seems more like a "please be a good citizen because this isn't actually enforceable, we don't have enough police" kind of order.
 

LachiusTZ

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We got the mandate for masks in CT on Monday but it's a nebulous "executive order" at best. It reads that you must wear a mask when out in *public* places where you *cannot social distance*.

Exactly what public places are even open where you can't social distance? Anywhere that is still open you theoretically can social distance just fine and that's kind of the point of closing things down. And is private property still considered a public place if it's something like a grocery store? It's hard to actually decipher it and seems more like a "please be a good citizen because this isn't actually enforceable, we don't have enough police" kind of order.

Wear one when you feel like it.

Told my wife the other day I'm not going to wear one if I don't feel like it, and she might have to come bail me out.

But cops and I usually get along pretty well, so I doubt I'll have an issue skipping it
 

Sanrith Descartes

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I learned something from my book I figure I should have already known and feel dumber for not knowing it. President William Howard Taft was also Chief Justice of the Supreme Court William Howard Taft. The one and only President to also have sat upon the SCOTUS.
 

LachiusTZ

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“We strongly recommend that everyone wear a mask,” Abbott said at a press conference where he announced his plans for reopening Texas. “However, it's not a mandate. And we make clear that no jurisdiction can impose any type of penalty or fine.

“My executive order, it supersedes local orders, with regard to any type of fine or penalty for anyone not wearing a mask,” he added.
 
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ver_21

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I learned something from my book I figure I should have already known and feel dumber for not knowing it. President William Howard Taft was also Chief Justice of the Supreme Court William Howard Taft. The one and only President to also have sat upon the SCOTUS.


 

Sanrith Descartes

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350 pounds? Before the age of high fructose corn syrup in everything we eat and 100's on candy bars on every checkout line shelf. Thats impressive.
 

Sanrith Descartes

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So this chapter deals with Judicial Review and Marbury vs. Madison. Lots to absorb and think about. For fear of being told "lol, how could you not know that, everyone knows that", I learned a ton about the backdrop and circumstances that surrounded the case.

And for those who think the Executive and Legislative branches doing ass-fucky shit for political gain is a modern phenomenon, these were the Founders pulling this unbelievable shit.
 

Ambiturner

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We got the mandate for masks in CT on Monday but it's a nebulous "executive order" at best. It reads that you must wear a mask when out in *public* places where you *cannot social distance*.

Exactly what public places are even open where you can't social distance? Anywhere that is still open you theoretically can social distance just fine and that's kind of the point of closing things down. And is private property still considered a public place if it's something like a grocery store? It's hard to actually decipher it and seems more like a "please be a good citizen because this isn't actually enforceable, we don't have enough police" kind of order.

Private property that's open to the public is considered a public place.
 

Cad

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So this chapter deals with Judicial Review and Marbury vs. Madison. Lots to absorb and think about. For fear of being told "lol, how could you not know that, everyone knows that", I learned a ton about the backdrop and circumstances that surrounded the case.

And for those who think the Executive and Legislative branches doing ass-fucky shit for political gain is a modern phenomenon, these were the Founders pulling this unbelievable shit.

John Marshall was pretty sharp. If you read Marbury v. Madison carefully and think about judicial review, nothing in the constitution gives the SCOTUS the power to invalidate an act of congress. Go look. It's not in there.

Marshall appropriated this power for the SCOTUS, while, in this particular case, saying the SCOTUS did NOT have a power. So the holding of the individual case is, the SCOTUS does not have this particular power i.e. to order the executive branch to deliver a commission. But the import of the case is that the SCOTUS has the power of judicial review.

Pretty god damn clever, wrapping a HUGE expanse of judicial power into a case where he held the SCOTUS has less power than Congress authorized. It's a thing of beauty.
 

Sanrith Descartes

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John Marshall was pretty sharp. If you read Marbury v. Madison carefully and think about judicial review, nothing in the constitution gives the SCOTUS the power to invalidate an act of congress. Go look. It's not in there.

Marshall appropriated this power for the SCOTUS, while, in this particular case, saying the SCOTUS did NOT have a power. So the holding of the individual case is, the SCOTUS does not have this particular power i.e. to order the executive branch to deliver a commission. But the import of the case is that the SCOTUS has the power of judicial review.

Pretty god damn clever, wrapping a HUGE expanse of judicial power into a case where he held the SCOTUS has less power than Congress authorized. It's a thing of beauty.
Yeah Caplan (the author discusses this in the chapter). Wonder where people today get the idea of packing the SCOTUS? Ask the Founders, lol.
 

Cad

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Yeah Caplan (the author discusses this in the chapter). Wonder where people today get the idea of packing the SCOTUS? Ask the Founders, lol.

Court packing is not a new idea... look up "The switch in time that saved nine"
 

Sanrith Descartes

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Court packing is not a new idea... look up "The switch in time that saved nine"
Yeah that was FDR looking to do it, right?
I was referring to Adam's and Jefferson doing it. The idea is as old as our Founders. The shit that went on during the first 3 or 4 administrations doesn't really get a lot of press but would make a great Netflix series. It was crazy.
 

Cad

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Yeah that was FDR looking to do it, right?
I was referring to Adam's and Jefferson doing it. The idea is as old as our Founders. The shit that went on during the first 3 or 4 administrations doesn't really get a lot of press but would make a great Netflix series. It was crazy.

Also look up how the actual presidential elections worked say, pre-1840-ish... would not be recognizable to today.
 
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LachiusTZ

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5oYE4srn.jpeg

How much trouble could I get into for writing him a letter that says “Fuck off”?
 
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Sanrith Descartes

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I admit when I am wrong. Due process has now been granted. SCOTUS has spoken.