12
edits
Changes
Jump to navigation
Jump to search
Line 18:
Line 18: + +
Talk:American History Lecture Four (view source)
Revision as of 23:41, September 29, 2008
, 23:41, September 29, 2008→Marshall Court: Agree on Principle, Disagree on Specifics
: CMarius, thanks for your insights. I welcome your contributions, and I don't disagree with your comments above. Marbury is not very objectionable. However, I think the pattern of Marshall's decisions, and their aggressiveness at establishing federal power (particularly power by the federal judiciary), are objectionable. And his tenure of 35 years? If 8 years was enough for George Washington, I don't see how Marshall justified being in charge for 35.--[[User:Aschlafly|Aschlafly]] 19:32, 29 September 2008 (EDT)
: CMarius, thanks for your insights. I welcome your contributions, and I don't disagree with your comments above. Marbury is not very objectionable. However, I think the pattern of Marshall's decisions, and their aggressiveness at establishing federal power (particularly power by the federal judiciary), are objectionable. And his tenure of 35 years? If 8 years was enough for George Washington, I don't see how Marshall justified being in charge for 35.--[[User:Aschlafly|Aschlafly]] 19:32, 29 September 2008 (EDT)
::There's no doubt that 35y is quite a while, and that the founding generation created, by their actions, the precedent future generations would follow (like Washington's two-term retirment becoming an unspoken constitutional rule until liberal FDR came along). But Marshall had some justification for that: the Constitution explicitly gave him the right; the Constitution did not limit the President's terms or suggest the lack of a limit, and while Washington ''could've'' stayed on, fears of creating a ''de facto'' monarchy were less important than fears of creating a lifetime Article III judiciary. Also, of course, life tenure defrays concerns of politicization in the judiciary. Or, well... it was supposed to :).
::Pleased to make your acquaintance :). I'll have to draw up a section and put it here to see if you want it added.-[[User:CMarius|CMarius]] 19:41, 29 September 2008 (EDT)