Welcome to European Tribune. It's gone a bit quiet around here these days, but it's still going.
Display:
archived
in re Debs [waitwut]

reference
In re Debs et al Art. 1, interstate commerce clause--applied and inferred--on the occasion of crushing the ("mostly black") Pullman strike of 1895: Brewer WHO?

3 'No trace is to be found in the constitution of an intention to create a dependence of the government of the Union on those of the states, for the execution of the great powers assigned to it. Its means are adequate to its ends, and on those means alone was it expected to rely for the accomplishment of its ends. To impose on it the necessity of resorting to means which it cannot control, which another government may furnish or withhold, would render its course precarious, the result of its measures uncertain, and create a dependence on other governments, which might disappoint its most important designs, and is incompatible with the language of the constitution.' Chief Justice Marshall in McCulloch v. State of Maryland, 4 Wheat. 316, 405, 424.

4  'Both the states and the United States existed before the constitution. The people, through that instrument, established a more perfect union by substituting a national government, acting, with ample power, directly upon the citizens, instead of the confederate government, which acted with powers, greatly restricted, only upon the states.' Chief Justice Chase in Lane Co. v. Oregon, 7 Wall. 71, 76.

Articles of Confederation, possibly the latest HUNPOLXIT CRISIS
5 'We hold it to be an incontrovertible principle that the government of the United States may, by means of physical force, exercised through its official agents, execute on every foot of American soil the powers and functions that belong to it. This necessarily involves the power to command obedience to its laws, and hence the power to keep the peace to that extent.'
"Obama appointee" Pitman, III. Legal  Standards, 2. Cause of Action [p 38]
a. The Foundations of the Equitable Remedy

Equitable remedies have a long been established as tools available to courts, predating the Constitution itself. See Irvine v. Marshall, 61 U.S. 558, 565 (1857) ("[C]ases in equity are to be understood [as] suits in which relief is sought according to the principles and practice of the equity jurisdiction, as established in English jurisprudence"). The federal judicial power extends to "all cases, in law and equity, arising under [the] Constitution[,]" U.S. CONST. art. III, § 2, through which grant of authority "adopt[s] equitable remedies in all cases . . . where such remedies are appropriate." Paine Lumber Co. v. Neal, 244 U.S. 459, at 475 (1917). As Justice Scalia [LOL!] has explained, suits in equity to "enjoin unconstitutional actions by state and federal officers" are a judge-made remedy deeply rooted in American jurisprudence, reflecting "a long history of judicial review . . . , tracing  tracing back to England [LOL!]." Armstrong v. Exceptional Child Ctr., Inc., 575 U.S. 320, 327 (2015) (quoting Jaffe & Henderson, Judicial Review and the Rule of Law: Historical Origins, 72 L.Q. REV 345 (1956)).

archived game theory,(c) removing 1st and 7th amdt rights granted "private persons"
by Cat on Fri Oct 8th, 2021 at 05:23:48 PM EST
[ Parent ]

Others have rated this comment as follows:

Display:

Top Diaries

Occasional Series