republic

Meditating “Marbury”

Meditating “Marbury”

"appointments" clause, activism, autonomy, awareness, Challenge, Change, citizenship, civics, conflict, conservatism, constitution, critical judgment, Executive Branch, Freedom, General Interest, Ideology, Judicial Review, Judiciary Act of 1789, justice, law, Marbury v. Madison, news, political rhetoric, Presidency, republic, Secularity, Separation of Powers, Stuart v. Laird, Supreme Court, Uncategorized
I invite my fellow progressives / leftists to please feel free to vote me off the Island for saying the following, but ... in the interest of fairness, it should be said that acting AG Matthew Whitaker is right in a certain sense about Marbury v. Madison. To be sure, Matthew Whitaker is indeed a crackpot, and his own utterances, both written and spoken, amply justify that description. But let's be fair to broken clocks: even they are right twice a day. (The full text of Marbury can be found here; a very literate, enlightening, and even-handed summary, here.) The Constitution’s Article III is rather ambiguous, not about the scope of the Supreme Court’s original jurisdiction, but about how “hard-coded” that original jurisdiction is in the Constitution. There are two questions at issue.
17 September — Constitution Day

17 September — Constitution Day

abolition, autonomy, Civil War, community, conflict, conservatism, Consitution, critical judgment, culture, Education, emancipation, Enlightenment, Ideology, inclusive, mind, mindfulness, Minorities, Philosophy, Politics, Religion, Religious War, republic, Science, Skeptic, slavery, Spirituality, Theology, Tolerance
*************************************************************************** I normally do not "recycle" posts, but every year on or about 17 September, I re-publish this "Skeptic's Collection" column commemorating the completion and signing of the US Constitution by the 55 members of the Constitutional Convention, gathered in Philadelphia from 25 May through 17 September of 1787.  So I am making an exception to my "no-recycle" rule and republishing a chapter of my recent e-course on the history and  foundations of the US Constitution. The Constitution is an imperfect document, and the original, pre-Civil-War version especially so. In fact, that antebellum Constitution was pretty explicitly pro-slavery because of provisions like the "3/5 clause", the prohibition against interfering w
The First Amendment Under A Microscope — Part 3 Of 3 — The “Abridgement” Clause

The First Amendment Under A Microscope — Part 3 Of 3 — The “Abridgement” Clause

activism, autonomy, awareness, Challenge, Change, citizenship, civics, constitution, critical judgment, First Amendment, Freedom, Ideology, Incorporation, justice, law, political rhetoric, Politics, Rationality, republic, Secularity, Supreme Court, Tolerance, Uncategorized
The third pillar of the First Amendment's temple of liberty is the "abridgement" clause:  ...  freedom of speech or of the press or the right of the people peaceably to assemble and to petition the government for a redress of grievances. The "abridgement" clause comprises three distinct but intimately related parts:  freedom of the press, freedom of speech, and freedom of assembly. -- Freedom of the press Freedom of the press is arguably the area in which the United States is distinct from all other nations in the latitude permitted the press, electronic and otherwise, in the dissemination of opinions.  It is true enough that virtually all other nations, especially those whose ideological DNA can be traced back to the 18th-century European Enlightenment, have free media, a