wordsworth

Is "substantive due process" just another name for the historic role of courts to check abuses of the the other branches of government?

 Massachusetts v. Mellon, 262 US 447 (1923) See also this post.

The functions of government under our system are apportioned. To the legislative department has been committed the duty of making laws; to the executive the duty of executing them; and to the judiciary the duty of interpreting and applying them in cases properly brought before the courts. The general rule is that neither department may invade the province of the other and neither may control, direct or restrain the action of the other. We are not now speaking of the merely ministerial duties of officials. Gainesv. Thompson, 7 Wall. 347. We have no power per se to review and annul acts of Congress on the ground that they are unconstitutional. That question may be considered only when the justification for some direct injury suffered or threatened, presenting a justiciable issue, is made to rest upon such an act. Then the power exercised is that of ascertaining and declaring the law applicable to the controversy. It amounts to little more than the negative power to disregard an unconstitutional enactment, which otherwise would stand in the way of the enforcement of a legal right. The party who invokes the power must be able to show not only that the statute is invalid but that he has sustained or is immediately in danger of sustaining some direct injury as the result of its enforcement, and not merely that he suffers in some indefinite way in common with people generally. If a case for preventive relief be presented the court enjoins, in effect, not the execution of the statute, but the acts of the official, the statute notwithstanding.

Marbury v. Madison, 5 US 137 (1803)

It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.

So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.

If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution, and not such ordinary act, must govern the case to which they both apply.

So today I tried to master the first problem set. It did not go quite as planned. Some of the problems were easy. I figured out the first graphing ones by using the amazing, stupendous technological advancement known as the google. I did not search for the problems of course, if I want the answers there is an answer sheet already on the site. No, I went looking for ways to translate and change the scale of certain geometric equations (what the first problem set equations ask you to do). This is basically what we were talking about on the car ride to New College. I figured out, probably for the third time, how to graph the equation y = x^2 – 2x – 1. Because of the x^2 we know that the equation results in a parabola when it is graphed. The normal axis of symmetry for a parabola is at (0,0) because y = x^2. In our original equations that other numbers represent the translation done on the parent equation, the y = x^2. The first step in finding the x and y coordinates for the axis of symmetry is by completing the square. This process changes the formula to look like this: y = (x – 1)^2 -2. In this case the y coordinate is indicated by the -2. The x coordinate is indicated by the -1 attached to the x. For some reason, which I cannot remember and which is also link to another equation about parabolas that I cannot remember, the sign for the x coordinate is always the opposite of what it appears. In this case the -1 changes to a 1. So then, for this equations, the coordinates for the axis od symmetry is (1,-2) and then you graph it. There are a bunch of other equations that have translations, most of which are more difficult. I think that y = 1/x is one of the most difficult to graph once other numbers are involved.

Velocities and rates of change are hard as well. It is all just basic physics really. Therefore it causes terrifying flashback to the red x’s and green check marks that went up whenever you submitted homework answers to the UT Austin website. That is where our homework assignments came from for physics. Luckily we were given several tries before we got the answer completely wrong or right. Whenever I would get a problem set dome early I would always feel as though I had missed something. So yeah the velocity once where a little tricky and again the almighty google saves the day, adding more notes to my notebook so that I can remember all this stuff later.

The last set of problems I attempted where the slope and derivative equations. These got a little harder. My friend Zach offered to help me with the calculus if I had any questions. I will probably take him up on that. For some reason I think he well be really good at explaining things in a way that will make sense. I will probably ask for help on these derivative equations because I am having trouble getting the right answers.

Well that’s all for now.