The state's top court ruled unanimously Thursday that Gov. Mark Sanford must apply for the disputed $700 million in federal stimulus money.
Casey Edwards, a Chapin High School senior who filed a lawsuit against Gov. Sanford, center, looks on as her attorneys Dwight Drake, right, and Dick Harpootlian, far left, respond to questions about the South Carolina Supreme Court's order Thursday June 4, 2009, to require Gov Mark Sanford to take the federal stimulus money in Columbia, S.C. The $700 million in federal stimulus money would primarily go to cash-strapped schools over the next two years.
The S.C. Supreme Court also took the rare step of issuing a writ of mandamus, which orders the governor to apply for the money.
Sanford will not appeal, since he can now blame taking the money on other people while still looking pure and principled to the remaining GOP voters in South Carolina.
Fun fact! A writ of mandamus is what Marbury was applying for against Madison in the case of Marbury v. Madison, that favorite case of Con Law students everywhere.
Fun fact! A writ of mandamus is what Marbury was applying for against Madison in the case of Marbury v. Madison, that favorite case of Con Law students everywhere.
Except in the case of Marbury the Supreme Court smacked the writ of mandamus down after they declared the statute he based his claim on unconstituional.
Which started the notion that the duty of the Supreme Court was to judge constitutionality. This was a issue Jefferson was torn between since he did technically win the case but he was also unhappy that the Court gave its self a duty that was not expressed in the Constitution.
Fun fact! A writ of mandamus is what Marbury was applying for against Madison in the case of Marbury v. Madison, that favorite case of Con Law students everywhere.
Except in the case of Marbury the Supreme Court smacked the writ of mandamus down after they declared the statute he based his claim on unconstituional.
Sort of. To be clear: The Supreme Court did not "smack the writ of mandamus down". The Supreme Court declared the underlying law that Marbury was trying to enforce unconstitutional. The writ ITSELF is a procedural thing that is and has been used often before and since.
abbazappa said:
Which started the notion that the duty of the Supreme Court was to judge constitutionality. This was a issue Jefferson was torn between since he did technically win the case but he was also unhappy that the Court gave its self a duty that was not expressed in the Constitution.
Note: This did not "start" the notion that the Supreme Court was to judge constitutionality, it established judicial review as fact. The concept of judicial review was not entirely novel and had been contemplated at the founding.
abbazappa said:
Which started the notion that the duty of the Supreme Court was to judge constitutionality. This was a issue Jefferson was torn between since he did technically win the case but he was also unhappy that the Court gave its self a duty that was not expressed in the Constitution.
Note: This did not "start" the notion that the Supreme Court was to judge constitutionality, it established judicial review as fact. The concept of judicial review was not entirely novel and had been contemplated at the founding.
True, it was just the first case that made it official.
MrCrisp said:
In case you were wondering, this is decision is quite probably the smartest thing to come out of this state. Well, this and Stephen Colbert.
Proof that there are some smart, educated people in SC, despite the efforts of out state's government.
From this article, one of the best sentences I've read in a long time:
Sanford was one of several Republican governors seen as possible 2012 presidential candidates. Others include Alaska Governor Sarah Palin, Minnesota's Tim Pawlenty, and Louisiana Governor Bobby Jindal.
hoorayparade said:
my eyes went all round when i read about the press conference.
i can't even belieeeeeeeeeeeeeeeeeeeeeve this guy. what a joke.
Following this story as it unfolded was probably the best time I've had at work in a while. The entire office erupted in laughter at his stuttered admission.
Stiles
Oakland, CA
November 2002
JUN 08, 2009 02:27 PM