Hypothetical Supreme Court Case Study

We may safely dispose of one ancillary question immediately, which is that in no case may an elected Congress and the president interpret the Constitution differently than the Supreme Court, the Court should comply with their view. This notion does violence to the entire conception of judicial review, first articulated in Marbury v. Madison and reinforced by a tradition that has standing not least on account of Article III's declaration that "judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution" (O'Brien 11, 33).

In this case, what we find is that executive and legislative power have been inappropriately extended to interfere with Law and Equity in direct challenge to judicial power specifically and programmatically set forth in Article III. Indeed, this case has been complicated not least by executive and legislative authorities' conflation of civil and criminal domains at both municipal and federal level. Criminal-law jurisdiction has been asserted (or abdicated) for reasons of civil law, while civil-law jurisdiction has been asserted as the basis for matters of cri

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mechanism of military or police power. That is not only an inappropriate bulwark of the common defense but a poor one as well. We reaffirm that creation of the Men in Back unduly intrudes on New York's authority over its police, but this needs more explanation. One need not favor New York City's abdication of police responsibility to see that the federal response to the problem was an overbearing conflation of police-enforcement powers with civil contracts, again a simultaneous abdication of appropriate and direct exercise of federal responsibility and an extension of inappropriate federal power by indirect means. The creation of Men in Back was meant to ensure the protection of the earth from interplanetary war, by means of ensuring police protection to Nogaine aliens that had been effectively withdrawn by New York. The objective of ensuring protection is laudable. However, the method was unconstitutional, a "military expedient," as Justice Robert Jackson said of the now discredited Korematsu decision (O'Brien 248), that has no place in constitutional law. This method was aggravated, as we have seen, by the military incursion into contract-law territory; and by the fact that the MIB were not confined to New York, where the offe
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Approximate Word count = 2983
Approximate Pages = 12 (250 words per page)

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