Duncan's Con Law Course Blog

The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.

Tuesday, August 25, 2020

For Tomorrow's Zoom Session (Wednesday August 26)

For our Zoom session this Wednesday on Marbury and McCardle, I would like you to focus on the following blog posts:

Marbury v. Madison: Takeaways

Marbury and the Judiciary Act of 1789

Can the Supreme Court Violate the Constitution?

Ex Parte McCardle

McCardle: A Few Notes

What are some of the issues that you feel strongly about?

If the Court has the power of judicial review, should this be an unchecked power? If not, how does the Constitution protect us from judicial supremacy and government by the judiciary?

I said most of what I want to say in the recorded classes. I want to hear you think?

As they say in Hamilton, "see you on the other side" of the new normal (i.e. on Zoom).