I have given Professor Barnheiser’s comment that through judicial rulings judges distribute power a good deal of thought. Now in deciding a case or controversy, a court may define the limits of power of a particular branch of state or national government. The early Supreme Court decided correctly that the federal govt is one of limited powers expressly stated in the Constitution- Marbury v. Madison (Marshall’s Marauders 1803) but can use all means necessary and proper within those confines Mc Cullogh v. Maryland (1819). In more recent years, the right of privacy has posed some challenge to state action
Then we have certain public policy decisions like overruling judicially created contributory negligence or allocating risks to manufacturers rather than innocent consumers as in products liability. New insights and terminology that cause us to rethink rather than merely accept some legal doctrines are much welcomed.
Andrew
Comment by Andrew D. Jackson — August 20, 2009 @ 1:18 am
I have given Professor Barnheiser’s comment that through judicial rulings judges distribute power a good deal of thought. Now in deciding a case or controversy, a court may define the limits of power of a particular branch of state or national government. The early Supreme Court decided correctly that the federal govt is one of limited powers expressly stated in the Constitution- Marbury v. Madison (Marshall’s Marauders 1803) but can use all means necessary and proper within those confines Mc Cullogh v. Maryland (1819). In more recent years, the right of privacy has posed some challenge to state action
Then we have certain public policy decisions like overruling judicially created contributory negligence or allocating risks to manufacturers rather than innocent consumers as in products liability. New insights and terminology that cause us to rethink rather than merely accept some legal doctrines are much welcomed.
Andrew
Comment by Andrew D. Jackson — August 20, 2009 @ 1:18 am