Monday, December 17, 2007

Judiciary vs Executive: Andrew Jackson and W

Judge: White House logs are public
By MATT APUZZO, Associated Press Writer
17 Dec 2007
WASHINGTON - White House visitor logs are public documents, a federal judge ruled Monday, rejecting a legal strategy that the Bush administration had hoped would get around public records laws.

The courts have spoken... of course W will appeal... and even if Supreme Court rules against the Administration, will it matter?

A bit of history: Worcester v. Georgia
Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832), was a case in which the United States Supreme Court held that Cherokee Native Americans were entitled to federal protection from the actions of state governments which would impinge on the tribe's sovereignty.

The result? Other than setting a precedent, the decision had no effect - President Andrew Jackson chose not to enforce the ruling!

Quote frequently attributed to Andrew Jackson regarding the decision:
"John Marshall has made his decision; now let him enforce it!"

What Jackson really said:
"The decision of the Supreme Court has fell still born, and they find that they cannot coerce Georgia to yield to its mandate."

I've also heard the sentiment expressed as, "And just how many troops does the Supreme Court command?" - also attributed to Jackson.

In any event, there is nothing to compel W to comply with a court's decision... except impeachment should he refuse!

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