U.S. Supreme Court,
Constitutional Law
Oct. 17, 2023
Part III on interpreting our Constitution: when to rule “That’s unconstitutional!”
When a statute (or an executive order) is the product of the ordinary give-and-take of our messy democratic process, a judge should generally leave it alone. But when something about that democratic process itself isn't working right, a judge should be more willing to step in.
Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
In my last column, I mulled over the unlikely possibility that the President would nominate me to the U.S. Supreme Court – and how I would answer the Senate’s questions about how I would handle constitutional issues.
In Marbury v. Madison (1803) 5 U.S. 137, Chief Justice Marshall bestowed the authority to interpret the Constitution on his own Supreme Court – largely because the Constitution is written, and interp...
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