Martin v. Hunter's Lessee

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  • Analysis Of Judges Leslie Tiller And Cooper Corruption Case

    are reminded that the Due Process Clause only concerns the “outer boundaries” —the extraordinary cases—of disqualification. Yet, there is nothing extraordinary about a federal judge’s having a preexisting ideology, and thus, there is little reason to believe that due process concerns itself with this ordinary plea for recusal. Second, on the occasions when Tiller has given uncompensated-for speeches at Minnesota Borders fundraising events, The Sierra Club has publicly called Tiller’s “judgment and ethics … terrible,” questioned her judicial neutrality, and plead for her impeachment. Here, there is a fear that Tiller will react to The Sierra Club’s rhetoric in a way that biases her judging. The Court addressed a similar concern in Mayberry v. Pennsylvania (1971), in which two defendants belittled a judge, who then charged the defendants with criminal contempt. The same judge—the one who accused the defendants of contempt—was also the judge who adjudicated the case that arose from his accusation. The Mayberry Court held that the judge’s presence violated due process, saying, “[a] judge, vilified as was this … [PA] judge, necessarily becomes embroiled in a … bitter controversy … [such that he] is [un]likely to maintain that calm detachment necessary for fair adjudication.” So, the Court concluded that the PA judge must recuse. While there may be a temptation to apply the same reasoning to Tiller, who has experienced comparable vilification courtesy of The Sierra Club, there…

    Words: 2219 - Pages: 9
  • Original Meaning, Original Intent, And Structural Analysis In The Interpretation Of The Constitution

    Chief Justice Marshall used both Original Meaning, Original Intent, and Structural Analysis in the interpretation of the Constitution as it applied to Marbury v. Madison. Marbury raised concerns in his case against Madison in which Chief Justice Marshall decided: 1st The right to the commission of Justice 2nd If he had the right was the right violated and do the laws give him a form of redress 3rd If he has a form of redress, it a mandamus issued by the Supreme Court In addressing the…

    Words: 1178 - Pages: 5
  • John Marshall: The Greatest Chief Justice Of The Supreme Court

    and the judiciary branch. The most fundamental case in U.S. history is Marbury v. Madison (1803). In his final days in office, President John Adams nominated a number of people to serve as justices of the peace for the District of Columbia. William Marbury was one of them. The secretary of state at the time, John Marshall, was suppose to deliver the commissions to all the people, but didn’t deliver all of them. When Thomas Jefferson became president, he told his secretary of state, James…

    Words: 2257 - Pages: 10
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