Monday, April 28, 2008

It's My Constitution and I'll Interpret it the Way I Want, Or, How I Learned to Stop Gunning and Love Textualism

Keys to getting an A- in Con-Law, summarized from one of my conservative brethren:

1) Marbury v. Madison was an unconstitutional exercise of judicial power, since nothing in the text Article III gives the Federal Judiciary the power to review decisions of other branches of government for their constitutionality. Ditto for Martin v. Hunters Lease, Cohens v. Virginia, et. cetra.

2) Every subsequent decision in your constitutional law casebook and Erwin Chemerinsky's treatise is wrong because the court doesn't have the power of judicial review. Answer every question in the form, "Given the unconstitutionality of judicial review," and finish on how the court is powerless to effect change. Throw in a political diatribe, congruent with your views.

3) ???

4) Profit.


FFJ said...
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Rule 12 (f) said...


(^___^) said...

this book is the best thing since sliced bread. or you know, earplugs.

Anonymous said...

Chereminsky is a stone cold studied. I'm being buried with his treatise.