The Darmouth Case Essay

The Darmouth Case Essay-1
” Luckily I wasn’t born on a Thursday, so she wasn’t missing the latest episode of . “She doesn’t look like a Phoebe.” The task of naming me was proving to be more difficult than they had thought. I plan to turn my zest for the small screen into a career in media and entertainment.

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There is no way you can grow up in New England, specifically Massachusetts, without having the same conversation hundreds of times with your friends, even strangers.

And when my name appears in the byline of my first column, I will thank my sister for not suggesting Rudy or Theo on that snowy February morning.

Huxtable’s name sounded as sophisticated as the character herself. Why were only fictional characters from popular sitcoms suggested for my moniker when much more special names exist, say, after a great grandmother or a parent’s childhood friend? Our love of television is something we can all agree upon, even if we don’t always see eye to eye on what to watch each night.

Now, you may be asking yourself, what is my family’s deal with television? We speak to each other in quotes, each reference a part of our own personal language.

They cannot issue a mandamus to the President or legislature, or to any of their officers.

46] I ” I More generally, Jefferson lamented that allowing the Constitution to mean whatever the Court says it means would make the Constitution “a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please. Madison decided that a Jurisdictional statute passed by Congress was unconstitutional, that was technically a victory for the Jefferson administration (so it could not easily complain).Ironically what was unconstitutional was Congress’ granting a certain power to the Supreme Court itself.The case allowed Marshall to proclaim the doctrine of Judicial review, which reserves to the Supreme Court final authority to Judge whether or not actions of the president or of the congress are within the powers granted to them by the Constitution.Those who apply the rule to particular cases must, of necessity, expound and interpret that rule.If two laws conflict with each other, the Courts must decide on the The Court, and Jefferson was very angry with Marshal’s position, for he wanted the President to decide whether his acts were constitutional or not.Historians mostly agree that the framers of the Constitution did plan for the Supreme Court to have some sort of Judicial review; what Marshall did was make operational their goals.47] Judicial review was not new and Marshall himself mentioned it in the Virginia ratifying convention of 1788.Marshal’s opinion expressed and fixed in the American tradition and legal system a more basic theory”government under law.That is, judicial review means a government in which no person (not even the President) and o institution (not even Congress or the Supreme Court itself), nor even a majority of voters, may freely work their will in violation of the written Constitution.The Constitution itself is the supreme law, and when the Court believes that a specific law or action is n violation of it, the Court must uphold the Constitution and set aside that other law or action, assuming that a party has standing to properly invoke the Court’s jurisdiction.Chief Justice Marshall famously put the matter this way: ” emphatically the province and duty of the Judicial Department to say what the law is.


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