Showing posts with label Rule of Government. Show all posts
Showing posts with label Rule of Government. Show all posts

Thursday, September 28, 2006

This Case Says it All

In 1978 the Temporary Emergency Court of Appeals told us that they could "find no basis in constitutional history, judicial interpretation, political history, legal scholarship, or persuasive argument to conclude that...a right ['to trust the federal government and to rely on the integrity of its pronouncements'] exists under...any...provision of the Constitution". Mapco Inc. v. Carter, 573 F.2d 1268, 1278 (Temporary Emergency Ct. App.)

Tuesday, September 26, 2006

A Bit of History

In Maurice Ashley's fine biography, The Greatness of Oliver Cromwell, Ashley writes that in July 1635 King Charles I demanded a levy of money to pay for an Anglo-Spanish alliance against the Dutch. The King asked the judges to confirm that the levy was legal, and they did so.

One of the justices explained, "There was a rule of law and a rule of government, and that many things which might not be done be the rule of law might be done by the rule of government."