Committee on the Judiary, United States House of Representatives, Plaintiff, v. Donald F. McGahn II, Defendant. (Nov 25, 2019)
“Thus, when presented with a case or controversy, it is the Judiciary’s duty under the Constitution to interpret the law and to declare government overreaches unlawful. Similarly, the House of Representatives has the constitutionally vested responsibility to conduct investigations of suspected abuses of power within the government, and to act to curb those improprieties, if required. Accordingly, DOJ’s conceptual claim to unreviewable absolute testimonial immunity on separation-of-powers grounds—essentially, that the Constitution’s scheme countenances unassailable Executive branch authority—is baseless, and as such, cannot be sustained.”
Committee on the Judiary, United States House of Representatives, Plaintiff, v. Donald F. McGahn II, Defendant. (Nov 25, 2019)
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Ketanji Brown Jackson 10
United States District Judge 1970Related quotes
Committee on the Judiary, United States House of Representatives, Plaintiff, v. Donald F. McGahn II, Defendant. (Nov 25, 2019)
Message of Protest to the United States Senate (15 April 1834).
1830s
17 U.S. (4 Wheaton) 316, 423. Regarding the Supreme Courts judicial review power in the context of the Necessary and Proper Clause.
McCulloch v. Maryland (1819)
1920s, Ordered Liberty and World Peace (1924)
Article III Limits on Statutory Standing, Duke Law Journal (1993) http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=3224&context=dlj; partially quoted in Judges Standing Upside-Down, Linda, Greenhouse, New York Times, September 3, 2015 http://www.nytimes.com/2015/09/03/opinion/judges-standing-upside-down.html?_r=0,
Speech in Vaduz (15 January 1972), quoted in The Common Market: Renegotiate or Come Out (Elliot Right Way Books, 1973), pp. 30–31
1970s
5. U.S. (1 Cranch) 137
Marbury v. Madison (1803)
Committee on the Judiary, United States House of Representatives, Plaintiff, v. Donald F. McGahn II, Defendant. (Nov 25, 2019)
On the "war power"; Woods v. Cloyd W. Miller Co., 333 U.S. 138, 146 (1948) (concurring)
Judicial opinions