Does the Senate Have the Constitutional Authority to Refuse to Seat a Blagojevich Appointee?
4 Comments Published by James December 18th, 2008 in Congress, Constitutional Law, Current Events, Election Law, History, Politics, Presidential ElectionOn Monday, in response to a complaint from the United States Department of Justice alleging that Governor Milorad “Rod” Blagojevich had solicited bribes and engaged in a massive conspiracy to commit fraud, the Illinois House voted 113-0 to begin impeachment proceedings. Blagojevich has not yet been indicted. On December 10th, Senate Majority Leader Harry Reid [...]
Welcome Back, Old Friend
0 Comments Published by James October 4th, 2008 in Church and State, History, Politics, Supreme CourtTomorrow, the Cathedral of Saint Matthew the Apostle will host the 55th Red Mass. Tradition holds that, on the Sunday before the opening of the Court’s October term, the Catholic Church hosts a mass to bring wisdom and guidance to the Justices of the high court. Although the current Court is a 5-4 majority of [...]
Kelo Turns Three Today
0 Comments Published by Kedar June 23rd, 2008 in Constitutional Law, Supreme CourtThe Supreme Court’s landmark public use decision Kelo v. City of New London was handed down three years ago today. On June 23, 2005, Justices Stevens handed down an opinion that held that “there is no basis for exempting economic development from our traditionally broad understanding of public purpose.” Justices Kennedy, Souter, Breyer, and Ginsburg [...]
Help- I Need To Find An Old Book
0 Comments Published by Kedar January 10th, 2008 in Administrative, HistoryEver since I located a glorious set of old books at a friends hosue, I’ve been hankering to purchase a particular antiquarian book. I’ve been on the search for a version of Giles Duncombe’s Tryals Per Pais (1655.) I’d prefer an early edition, but I found a 4th edition printed in 1702 for $850 (here). [...]
History Repeats Itself
0 Comments Published by Kedar December 2nd, 2007 in Antonin Scalia, Court Procedure, History, Supreme CourtI found a neat article over at the New York Times Archives entitled “Ideas % Trends; Scalia Speaks Up, Quite Clearly, At Bar Convention from 1987. According to the article, Justice Scalia was the most talkative person on the bench even in the late 80′s when he was a relative newcomer to the Court. The [...]
OT2007 Watch- #7 Up Close And Personal
0 Comments Published by Kedar September 24th, 2007 in Constitutional Law, Court ProcedureFrom now until the start of October Term 2007 on October 1, I’ll be counting down the things that I’m looking forward to in the upcoming term of the Court. Today I’ll take a look at the Court’s power struggle with its co-equal branches. Supreme Court Justices have always been considered a body of intellectuals [...]
Justice Stevens and Roe v. Wade’s Initial Reception
1 Comment Published by Kedar July 30th, 2007 in Abortion, Clarence Thomas, Constitutional Law, History, John Paul Stevens, Justices and Judges, Politics, Ruth Bader Ginsburg, Supreme Court, Vintage SCOTUSAnn Althouse has a rather interesting article about Justice Steven’s recent speech at the Ninth Circuit’s Judicial Conference in Honolulu, Hawaii. Its obvious from the location of this judicial conference that congressmen aren’t the only ones who take junkets. Regardless, this is the most interesting part of her recap: I think, after all — he’s [...]
Could Antonin Scalia Be The New John Marshall?
1 Comment Published by Kedar July 29th, 2007 in Antonin Scalia, History, Judicial Activism, Justices and Judges, Supreme Court, Vintage SCOTUS…I doubt it, but history suggests that Justices who were out of touch with their contemporaries periodically appear rather favorably to future generations. I was culling through my old copy of “The Supreme Court in US History” for some other posts (here and here) when I discovered this interesting passage about the great Chief Justice [...]
Court-Packing Is A Terrible Idea OR How Do You Solve A Problem Like Alito?
1 Comment Published by Kedar July 28th, 2007 in Circuit Courts, Congress, Constitutional Law, Court Procedure, Democrats, History, Politics, Supreme CourtI admit that I made a slight mistake in yesterday’s post about Snarlin’ Arlen and his attack on judicial independence- I asserted, without clarifiying, that there was nothing “a Senator can do to a Supreme Court Justice save for pushing for impeachment.” Some very intelligent people have been arguing that Congress can reign in these [...]
What Happened Between Congress and the Supreme Court in March of 1837?
3 Comments Published by Kedar July 28th, 2007 in Congress, Constitutional Law, History, Republicans, Supreme CourtAs I was doing research for a post about the latest Court-packing plan (suggestion?) and I stumbled across a rather interesting set of events. Here are the facts that I know: In March of 1937, the Democratic President Andrew Jackson was wrapping up his wildly divisive, eight-year Presidency. His hand picked successor, Martin Van Buren, [...]



