Criminal Law and Procedure Quotes

“originalist” philosophy that advocates interpreting the Constitution by what the words meant when written “stems from two features of the constitution: (1) that one of its principal purposes is to constrain those who make and enforce laws so as to protect the rights retained by the people, and for this reason, (2) it is put in writing,” meaning all law is constrained by the document itself to protect individual rights.”
― Stephanie A Jirard, Criminal Law and Procedure: A Courtroom Approach

“the U.S. Supreme Court decides an issue—for example, interpreting the Constitution to determine a woman had the right in consultation with her doctor to terminate a pregnancy—that decision cannot be overturned or modified by any state or federal law, only by the U.S. Supreme Court itself.8”
― Stephanie A Jirard, Criminal Law and Procedure: A Courtroom Approach

“Marbury and other justice of the peace hopefuls sued Madison to get the Supreme Court to issue writs of mandamus forcing Jefferson to deliver the commissions.”
― Stephanie A Jirard, Criminal Law and Procedure: A Courtroom Approach

“Congress passed the Judiciary Act in 1789, which attempted to define the high Court’s power, including the authority to issue writs of mandamus (Latin for “we command”) forcing a government official to act.”
― Stephanie A Jirard, Criminal Law and Procedure: A Courtroom Approach

“The U.S. Supreme Court upheld the Toubys’ convictions, stating that the CSA limited the attorney general’s power and discretion to define criminal conduct and such restraint was the intelligible principle that satisfied “the constitutional requirements of the nondelegation doctrine.”
― Stephanie A Jirard, Criminal Law and Procedure: A Courtroom Approach

“The Court has held Congress can give its power to the co-branches, subject to limitations called an intelligible principle. In Touby v. United States,”
― Stephanie A Jirard, Criminal Law and Procedure: A Courtroom Approach