American Supreme Court "unconstitutional" how to do?
Created:
/Author:
Aaron Lewis
American Supreme Court "unconstitutional" how to do? America court judges to explain constitutional disputes, is a constitutional right? Interpretation of the constitution USA court judges that authority?Binding? There is conflict between legal interpretation of the Congress legislative and court?
American Supreme Court, originally used to award international disputes,Similar to the international court today; but not dedicated to the interpretation of the constitution.President Adams for re-election after the failure of the political confrontation, serious and a succession Jackson.Jefferson party refusing to execute Adams signedToo much, but already effective judicial appointments, and signed the warrant more, make their own party office.Adams practices violated the Convention, (America government opened only a few years, also do not have what practices), the Party of Jefferson practice is contrary to justice law (the equivalent of administrative law).
The angry Adams party, will be responsible for the Secretary of stateMadison (the man, will be the fourth president)On the court, said that Comrade Madison do difference ineffective, express (Wei Renzhuang) had half year not to give the recipient.Jefferson's party is also angry, they can't stop Adams party to the court, threaten justice J. Marshall said, "you dare sentenced them to win, I'll let you off endowment to!".(the president can start of the elastic threshold).But need not,Marshall himself is Virginia Dynasty of the party.
Justice Marshall showed just sophisticate.The first decisionThe Supreme Court has the power to command the president and his cabinet executive court order(Marshall, not stupid), second sentence Madison is not against "not as", because the parties Adams party, not to sue.(means that the court does not accept the citizens to sue the government).So Marshall took their relationship from the.Everyone loves the judgeSince then, America Supreme Court, with an unwritten agreement, to explain the USA in the constitution of the conflicts, -- > if there is no dispute, can't explain.
Marshall judge, Adams party according to the prosecution of "judicial law" and article third of the constitution conflict, because the Supreme Court did not state or with foreign disputes, the parties can not represent the state of Adams, not on behalf of foreign, so sue invalid.The Supreme Court ruled it unconstitutional if won.(logic that Adams party to the wrong door,But the door is right?).So Marshall judge, judicial law thirteenth, to get the Supreme Court to tube this matter is not appropriate, otherwise it will violate the third amendment.So the Supreme Court who didn't win, you from downtown to!
"The prosecution", at the same USA concern caused by D. in the case of Scott, (black Decott to appeal to the Supreme Court, that should be free), also be the tan, quoted.In order to avoid stimulationIt was very violent confrontation between the North South moodTaney said, Mr. Scott is not America black citizens or citizens of other countries, did not appeal to the court of the qualification.The Supreme Court if the admissibility of the case will be inconsistent with the America constitution.Old black Scott procedure after the failure of its owner, is free, doubt is a play.(Old black market price is not high).
Marshall in the Adams party sued Madison do difference ineffective case, (the Ma Boli),In fact, is standing on the side of the government politics.In fact, USA court since two hundred years after the first case, hand more and had to stand in the interests of the government position on the "fair trial", on the other hand, hand and shook his head: "the conflict between the government, please through political means to solve (Congress), (don't let us do it)" (justice O.W. Holmes).Thus the,The rule of law is the root of the Congressional authority, can not expect the court to curb the illegal administrative.
Ca Jefferson party secretary of State Condoleezza Madison do difference ineffective case, be of noble character and high prestige of judge Marshall, the trial of the case together.Logic judge Marshall's ruling is right, it is the conflict between the government appointed by the government internal, internal solution, the president is the highest authority.Without this link can talk about democracy, government is the management organization.But the reason is ridiculous, is unconstitutional.Because the judicial day after America, when the government violated the rights of citizens, citizens can sue the government for infringement.Be of noble character and high prestige of justice Marshall repeated violation of the constitution, this is the first time.
The Supreme Court has served asInterpretation of the ConstitutionThe role of.This character was later cited from other countries, and a special court, became the constitutional court.But USA, not in the constitution of the agreement, but in the political operation practice.Be careful.The constitution is the binding, binding and court decisions on other laws have, but the interpretation by Supreme Court of the constitution is not bound.This will determine the legitimacy of the interpretation of the Supreme Court, the constitution. "",Must comply with the mainstream political views.
Although the constitution has not agreed, but the constitution since it is a "law", by the last trial, we did not feel what is wrong.The interpretation of the constitution, in addition to outside parliament's authority.Congress may not murder club trial, or litigation will be prolonged.The judge as secretary of Congress.Although Congress can override the judge's decision, but if too many cases, the judge as "a member of the Standing Committee constitution the case long", but also accord with the principle of effective law congress.Therefore, we must understand,The understanding of the law, and the legislative power in parliament, is differentThe.