Re: WORTH READING Most Presidents Ignore the Constitution - WSJ.com

[David Farber <dave () farber net>]

Begin forwarded message:

From: Jonathan Ezor <jezor () tourolaw edu>
Date: October 29, 2008 12:16:29 PM EDT
To: dave () farber net
Subject: RE: [IP] WORTH READING     Most Presidents Ignore the  
Constitution - WSJ.com

Perhaps, but at least some presidents and candidates are aware of what  
the
Constitution actually says, or (wonder of wonders) have even taught  
it, which
should make the oath a bit more meaningful.  Beyond that, this piece
completely ignores the 205 years of established precedent following  
Marbury
v. Madison (http://laws.findlaw.com/us/5/137.html) that gives an  
accepted
path for interpreting the Constitution, one that grants that power to  
the
judiciary rather than the Executive Branch (whose disregard of valid  
law was
at issue in that case).  In other words, when presidents and legislators
overstep their constitutional bounds, it is the so-called "activist  
courts"
that provide a necessary check.  Congress doesn't "get away" with  
violating
the Constitution, but only because the federal courts have "taken" the  
power
to stop it.

I would also point out that Judge Napolitano misstates what Senator  
Obama
said in that 2001 radio interview:

<http://ap.google.com/article/ALeqM5gLBaoE7NjOjG6VtBb8hJjgGb-vxwD943LJ8G1 
>

But then, I suppose that the First Amendment of the selfsame  
Constitution
might be read "expansively" to provide protection even to a  
misstatement of
facts in a newspaper opinion piece.  {Jonathan}
-------------------
Prof. Jonathan I. Ezor
Assistant Professor of Law and Technology
Director, Institute for Business, Law and Technology (IBLT)
Touro Law Center
225 Eastview Drive, Central Islip, NY  11722
Direct: 631-761-7119  Fax: 516-977-3001
e-mail: jezor () tourolaw edu
Skype: jonathanezor     Twitter: profjonathan
PGP Key ID: 0x14DA9687

-----Original Message-----
From: David Farber [mailto:dave () farber net]
Sent: Wednesday, October 29, 2008 9:26 AM
To: ip
Subject: [IP] WORTH READING Most Presidents Ignore the Constitution -  
WSJ.com

Well worth reading  djf

http://online.wsj.com/article/SB122523872418278233.html?mod=djemEditorialPage


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