When a Sitting US Supreme Court Justice Was Charged With Murder August 14, 2010

US Supreme Court Justice Had Troubles

Sara Althea Hill

On This Date In History:

 US Supreme Court Justice Stephen J. Field was arrested for murder on this date in 1889 making him the only member of that body ever arrested for such a crime. The story goes back to a divorce case in which Justice Field ruled that the early 1880′s marriage between Sarah Althea Hill and wealthy mine owner and  US Senator William Sharon was invalid and she therefore was not entitled to any portion of his wealth of his estate following his death in 1885.  The court decision also declared the her new husband, David Terry, was also not entitled to the estate. David Terry was, like Justice Field, a former California Supreme Court justice. The courtroom erupted into a brawl with Terry at one point brandishing a Bowie knife.  Field ordered the couple jailed for contempt. The pair publically announced revenge on the Justice.

About a year later, Field and his bodyguard, US Marshal David Neagle, were riding on a train to San Francisco. Also on the train were Sarah and David Terry.  At a stop in Stockton, California the Terrys spotted Field in the station dining room. David approached Field while Sarah went back to the train. Dave slapped the Justice and Neagle identified himself as an officer, pulled his revolver and told Dave to stop . David Terry started fumbling with his jacket. Neagle fatally shot David Terry as his wife came running up with a satchel holding a loaded gun.  Neagle and Field were arrested on a murder charge.

Ironic End for David Terry

Now, I’ve wondered why Field and Neagle would go for their guns so quickly over a slap. I mean, most men would’ve punch him out like John Wayne.  It’s because  Terry had a history of violent behaviour and this was not the first time that Terry had pulled a gun on a public official in the past and fatally used it.   Prior to the Terry pulling a Bowie knife in the 1888 courtroom incident, back in 1856 Judge Terry stabbed a city of San Francisco official (again using a Bowie knife) and then, in 1859,  Terry was arrested for  killing a United States Senator.  Terry had been the Chief Justice of the California Supreme court but  was ousted from the bench following an election loss.  Senator David C Broderick was a colleague of Terry’s in the Democratic party. But, David Terry was a Southerner by birth and was pro-slavery while Broderick was against that institution. Terry had some unkind things to say about the faction in the Democratic party whom he felt had kept him to win election as Chief Justice of the CA Supreme Court. Broderick responded by saying unkind things and the pair ended up in a duel, which the sitting US Senator being gunned down by the former state supreme court justice. Terry was arrested but later released.

Like Terry years before, California’s Governor ordered Field  released from jail but Field’s story proved more interesting. That’s because the case against Neagle ended up…in the US Supreme Court that ruled in a landmark decision that since Neagle was acting under federal authority, he could not be subject to California law. I suppose that is why no one ever asked the Texas justice system to charge the ATF agents with anything in the Waco/ Branch Davidian case several years ago. Field recused himself from the case but the court ruled 6-2 in his favor and it may be the only case in which a sitting Supreme Court Justice was actively involved in a situation that set a legal precedent.

Weather Bottom Line: I think that we may be seeing the first slight hint of the change in season approaching..but don’t shut down your air-conditioner just yet.  First,  a cold front that I expected to come through Saturday night will not do so for about 24 hours but a line of storms ahead of the front should come rumbling through here Saturday evening  or night and there may be some strong storms going on.  I believe that the SPC has us in a slight risk for Severe Thunderstorms on Saturday.  The drier, cooler air lags behind that line though so Sunday will again be hot and there will be scattered storms as the front itself comes through.  On Monday its far enough south that the rain chances abate and we knock about 10 degrees or so off the high and low temperatures.  Here’s where the hint of a season change comes…there is a secondary boundary that looks intersted in coming down our way behind the initial front.  We see that often in the winter time with a front followed closely by an arctic push. This ain’t arctic but it is drier and cooler air.

Trouble is, it’s still summer so the second push really won’t get too far through our area.  The first front will get caught up in the influence of what’s left over from Tropical Depression 5 which went in around New Orleans and will do a loop to the east then south and then along the Gulf Coast before showing up in NW Louisiana and interact with the frontal boundary.  It should help to toss up a bunch of moisture too that will over run the front.  The second push will approach our area and get hung up.  The old boundary and the remnant of TD 5 will move north and the two will merge as a stationary boundary.  What all of this means is that most of the week ahead looks like a week of highs in the upper 80s with a decent chance for scattered showers and t’storms after Monday.  At least we won’t be talking about 100 though…and  my sunflowers need the rain.

SCOTUS Justice Charged with Murder Then Case Comes Back to his own Court! Ana Not Far Off? August 14, 2009

US Supreme Court Justice Had Troubles

Sara Althea Hill

On This Date In History:

On this date in 1889, US Supreme Court Justice Stephen J. Field was arrested for murder making him the only member of that body ever arrested for such a crime. The story goes back to a divorce case in which Justice Field ruled that the marriage between Sarah Althea Hill and a wealthy mine owner was invalid and she therefore was not entitled to any portion of his wealth. The court decision also declared the her new husband,  David Terry,  was also not entitled to the estate.  David Terry was, like Field,  a former California Supreme Court justice.  The courtroom erupted into a brawl and Field ordered the couple jailed for contempt. The pair publically announced revenge on the Justice.

About a year later, Field and his bodyguard, US Marshal David Neagle, were riding on a train to San Francisco. Also on the train was Sarah and David Terry. At a stop in Stockton, California the Terrys spotted field in the station dining room. David went for Field while Sarah went back to the train. Dave slapped the Justice and Neagle pulled his revolver and told Dave to stop while identifying himself as an officer. David Terry started fumbling with his jacket. Neagle fatally shot David Terry as his wife came running up with a satchel holding a loaded gun. Neagle and Field were arrested on a murder charge.

Ironic End for David Terry

Now, I’ve wondered why Field and Neagle would go for their guns so quickly over a slap.  I mean, most men would punch him like John Wayne.   It’s because this was not the first time that Terry had been involved in a shooting.  In fact, several years before in 1859  it was Terry who had  been arrested for killing another politician.  Terry had been the Chief Justice of the California Supreme court but had lost an election from the bench.   Senator David C Broderick was a colleague of Terry’s in the Democratic party.  But,  David Terry was a Southerner by birth and was pro-slavery while Broderick was against that institution.  Terry had some unkind things to say about the faction in the Democratic party whom he felt had kept him to win election as Chief Justice of the CA Supreme Court.  Broderick responded by saying unkind things and the pair ended up in a duel, which the sitting US Senator being gunned down by the former state supreme court justice.  Terry was arrested but later released.   

Like Terry years before, California’s Governor ordered Field released but Field’s story proved more interesting.  That’s because the case against Neagle ended up…in the US Supreme Court that ruled in a landmark decision that since Neagle was acting under federal authority, he could not be subject to California law. I suppose that is why no one ever asked the Texas justice system to charge the ATF agents with anything in the Waco/ Branch Davidian case several years ago. I suppose that Field probably recused himself from the case but it may be the only case in which a sitting Supreme Court Justice was actively involved in a situation that set a legal precedent.

Invest 90L Satellite 1215Z 08.14.09

Tropical Storm Ana may be not far off time wise but miles wise its way out ther and just the variabilities invovled with the environmental conditions generally associated with an El Nino pattern makes any long term outlook virtually impossible.  For instance, just a few days ago a very impressive tropical wave came off of Africa and it became the 2nd tropical depression of the season.  Looked like it had a great opportunity to become the firts tropical storm of the season.  Now, its just about dead.  Another wave came off Africa and it looks very impressive.  Invest 90L is shown in spaghetti models to have a consensus of becoming a Tropical Storm Ana in the near term if not a hurricane.  The track looks fairly good regarding something to keep an eye on.  But, the time factor is problematic because, even if it does develop further, I’m not so sure that the models have built in to them parameters involving the El Nino pattern.  Hence, the developmental aspects of the progs may be operating as if its a normal season.  So, worth watching? Yes. Slam dunk? no.  Here’s the morning discussion from the NHC:

SHOWER AND THUNDERSTORM ACTIVITY IS GRADUALLY BECOMING BETTER
ORGANIZED IN ASSOCIATION WITH A BROAD AREA OF LOW PRESSURE CENTERED
ABOUT 200 MILES SOUTH-SOUTHWEST OF THE SOUTHERN CAPE VERDE ISLANDS.
CONDITIONS APPEAR FAVORABLE FOR FURTHER DEVELOPMENT OF THIS
SYSTEM…AND A TROPICAL DEPRESSION COULD FORM DURING THE NEXT DAY
OR TWO AS IT MOVES WESTWARD AT 10 TO 15 MPH.  THERE IS A HIGH
CHANCE…GREATER THAN 50 PERCENT…OF THIS SYSTEM BECOMING A
TROPICAL CYCLONE DURING THE NEXT 48 HOURS.

Weather Bottom Line: For the next several days look for temps in the mid to upper 80′s…maybe 90 by Sunday or Monday.  Humidity levels will slowly rise so the comfort levels will be decreasing.  No frontal activity until at least mid week but as a guy slowly drops down across the plains, our atmosphere should become more unstable with a more southerly component to the flow so at least isolated to scattered activity may show up by early in the week and then slowly rise each day as the front gets closer.

Sotomayor Rulings No Big Deal. Questionable ruling came in Constitutional Convention’s Shadow July 10, 2009

Senate Judiciary Chairman Sen. Pat Leahy

The nomination process of Judge Sonia Sotomayor to the Supreme Court hits Congress next week.   The Constitution says that presidential appointments to the bench must be done only with the advice and consent of the Senate.  I had raised the possibility of the GOP to be able to block the nomination through a procedure that would not get her nomination out of committee.  But, either I was wrong about the potential, the right person didn’t get onto the committee or the GOP decided that politically it wasn’t a winner for them to exercise that option given that the GOP has always argued that judicial appointments should be allowed a floor vote and not be kept bottled up in a committee.  My guess is that the latter of the three choices is the case.

The news stories coming out are kinda interesting.  The UPI headline says that “most want Sotomayor” and then you see the poll that it is cited has 47% of the respondents in her favor.  Yes, that is most but it is not a majority and, in my view, the headline is true but misleading.  CNN’s more accurate headline says that “nearly half support Sotomayor.”  Trouble is that you need more than 50% for confirmation.  If we truly had a representative republic with the lawmakers doing the will of the people, then one might conclude that Sotomayor was in trouble.  But, the poll says some 70% of Democrats support her nomination and the Senate has 60% of Democrat members. 

A Pitch to the Senate?

I suppose the biggest opposition for her nomination come from those who point out that she has been involved in rulings that have gone to the Supreme Court and have been overturned by the final arbitor.  There are many numbers being tossed about but this CNN report says there have been 8 cases that have gone to the court.  5 were overturned, 2 upheld and one vacated.   The most recent of which was a case in which she joined the majority of judges that ruled against plaintiffs in a discrimination charge brought by non-African American firemen who said that they were not promoted because they were white.  Conservative columnist Charles Krauthammer predicted the high court would rule against Sotomayor’s position.   The Supreme Court overturned that ruling by a 5-4 vote and now opponents of Sotomayor will call the main plaintiff. Frank Ricci, to testify.   Former MLB pitcher David Cone will also testify, presumably to say that Sotomayor saved baseball.   My bet is that she will probably be confirmed but ponder whether or not her rulings will be judged to be as liberal as many think. 

Whether or not one thinks that her rulings have been just or not, controversial rulings by judges have been a part of the Amerian landscape since the beginning of the Republic.  So, don’t think that the final nomination vote will cause  the end of the nation one way or another.  Judges are by nature put in place to make judgements, but they are still quite fallable…human, if you will.  For instance…

On This Date In History: In May 1787, an old woman in Philadelphia was grabbed and attacked by a group of people who cut her head in an ancient tradition of bleeding out any spells she may have cast. They thought she was a witch. In early July 1787, a big heat wave was going on in the city of Brotherly Love. Dogs and horses died. The fields were dry and tempers grew as hot as the weather. No word on whether anyone blamed global warming. At the same time, 55 men were gathered in Independence Hall arguing over the forming Constitution. If you look at the painting above, you will note the central figure is General Washington. Just about every painting you see will feature the Father of the Country prominently. That is because he is largely credited with holding the conventioneers together. Not by words but simply by his presence. His silent, strong leadership was what everyone looked toward to get them through the turmoil. Another person in Philadelphia did not have the General to save her.

Philadelphia: City of Brotherly Love

The old woman who was tormented in early May was a German known as Korbmacher. During the heatwave, a little boy died. Some on the streets of Philadelphia chose to blame her and attacked her again On This Date in 1787. The Pennsylvania Evening Herald story read, “We are sorry to hear that the poor woman who suffered so much some time ago, under the imputation of being a witch, has again been attacked by an ignorant and inhuman mob. On Tuesday last she was carried through several of the streets, and was hooted and pelted as she passed along. A gentleman who interfered in her favour was greatly insulted, while those who recited the innumerable instances of her art, were listened to with curiousity and attention.”

Eight days later, Korbmacher, which means basket-maker, was dead. The newspapers wrote that they hoped justice would be done to those who had perpetrated such a beating on a person, let alone an old woman. Well, a trial did get underway as several people said they would testify against some of the alleged attackers. Three things are interesting about the trial. First was it was held just prior to Halloween also known as All Hallows Eve or Witches Eve. Second, there is no record of the results of the trial. The third, and perhaps most intriguing is the commentary about the innocence of Korbmacher from the bench by the judge:

Judge: Old ladies are innocent

“what! that a poor wretch whose sorrows and infirmities have sunk her eyes into her head, and whose features are streaked with the wrinkles of extreme old age, should therefore become an object of terror, and be endowed with the powers of witchcraft — it is an idle and absurd superstition! If, however, some damsels that I have seen, animated with the bloom of youth, and equipped with all the grace of beauty, if such women were indicted for the offence, the charge might receive some countenance, for they are indeed calculated to charm and bewitch us. But age and infirmity, though they deserve our compassion, have nothing in them that can alarm or fascinate our nature.”

So according to the judge…Korbmacher was innocent simply because of her age. Yet, if she had been young in the “bloom of youth” well then she may very well be guilty of being a witch because everyone knows that young women have a way of putting men under their spell!!! How’s that for justice. All of this on the same streets that were at the very time witness to the construction of the very document that governs justice for all for this great nation. It’s too bad that General Washington didn’t go for a stroll at the hour of Korbmacher’s demise…his presence alone could have done what the Constitution could not.

SPC Severe Risk Sat 8am to Sun 8am

SPC Severe Risk probability Sat 8am to Sun 8am

Weather Bottom Line:  Friday is here and we will get to the low 90′s.  It’s summer.  Tomorrow will again be in the low 90′s with the possibility of a few afternoon t’storms.  Now, we have a cold front coming down and approaching.  Saturday night or Sunday morning, there will be a risk for thunderstorms.  The SPC has us in the slight risk for severe thunderstorms and has split the timing between Saturday and Sunday.  The models are a bit disheaveled but the general idea is that some time along the way, a short or series of shortwaves will move down along the approaching front.  Some models make the main short pretty strong, others have it weakening.  But, with the warm moist air at the surface, even at night, and with the lifting mechanism of even weak front, as well as the cold pool of air associated with any short wave (vorticity/upper low) there will be a pretty good shot at t’storms.  Of course, if one of these guys comes through, particularly if we haven’t had much activity, during daylight hours or early evening, then the risk for strong storms will be enhanced.   Anyway, Saturday looks to be the best day to get some yardwork done, though Sunday will be closer to seasonal averages temperature-wise.

SPC Severe Risk Sun 8am to Mon 8am

DAY 2 CONVECTIVE OUTLOOK 
   NWS STORM PREDICTION CENTER NORMAN OK
   1245 AM CDT FRI JUL 10 2009
  
   VALID 111200Z – 121200Z
  
   …THERE IS A SLGT RISK OF SVR TSTMS FROM NY/PA WWD INTO THE MID-MS
   VLY…
  
   …THERE IS A SLGT RISK OF SVR TSTMS ACROSS THE CNTRL HIGH PLAINS…
  
   …SYNOPSIS…
   UPR HIGH WILL REMAIN ANCHORED OVER THE SRN PLAINS THROUGH SATURDAY.
   ALONG ITS NRN PERIPHERY…AN UPR TROUGH WILL CONTINUE ACROSS SERN
   CANADA WITH A STRONG SHORTWAVE TROUGH DIGGING FROM THE GRTLKS REGION
   TO THE NERN STATES.  ANOTHER UPR SYSTEM WILL REMAIN JUST OFFSHORE
   THE PAC NW CST.  IN THE LWR LVLS…A FRONT ASSOCD WITH THE FORMER
   TROUGH WILL MOVE SEWD INTO NY AND PA AND SWD INTO THE OH…MID-MS
   VLY AND PARTS OF THE CNTRL PLNS SATURDAY AFTN/EVE.  THE FRONT WILL
   BE THE FOCUS FOR PSBL SVR TSTMS.
  
   …NY/PA WWD INTO THE UPR OH VLY…
   BANDS OF TSTMS ARE EXPECTED TO BE ONGOING AT 12Z SATURDAY AHEAD OF
   THE CDFNT FROM THE CNTRL GRTLKS REGION TO THE MIDWEST.  MAINTENANCE
   OF A FAIRLY STRONG SSWLY LLJ WILL ADVECT MODEST LLVL MOISTURE NWD
   INTO THE UPR OH VLY TO NY DURING THE DAY.  THIS WILL PARTIALLY
   OFFSET CONVECTIVE CLOUD DEBRIS AND AROUND 1000 J/KG SBCAPE IS NOT
   OUT OF THE QUESTION DURING PEAK HEATING.  AS LARGE SCALE HEIGHT
   FALLS SPREAD SEWD…TSTMS WILL REKINDLE/DEVELOP AMIDST 35-40 KTS OF
   WLY BULK SHEAR.  A FEW STORMS WILL PROBABLY DEVELOP INTO BOWS GIVING
   DMGG WIND GUSTS AND PERHAPS HAIL. 
  
   …LWR OH VLY TO NRN MO…
   COMPARATIVELY STRONGER INSTABILITY IS EXPECTED TO EVOLVE ACROSS THIS
   REGION SATURDAY AFTN AS LWR 70S SFC DEW POINTS BECOME COMMON ALONG/S
   OF THE CDFNT.  THIS IN COMBO WITH STRONG HEATING AND PRESENCE OF
   STEEP MID-LVL LAPSE RATES WILL CONTRIBUTE TO SBCAPES OVER 2500 J/KG.
    AS SRN PERIPHERY OF THE GRTLKS IMPULSE /AND PSBLY A
   CONVECTIVELY-ENHANCED VORT CENTER/ GRAZE THE REGION…TSTMS ARE
   EXPECTED TO FORM INVOF THE FRONT FROM SRN IA/NRN MO AND TRANSLATE
   ESE INTO THE LWR OH VLY BY EVENING. VERY UNSTABLE
   CONDITIONS…EVIDENCE OF DRY MID-LVL AIR IN FCST SOUNDINGS AND
   UNIDIRECTIONAL WNWLY FLOW REGIME ABOVE H7 ARE SUGGESTIVE OF A BOW
   ECHO ENVIRONMENT WITH DMGG WINDS AND LARGE HAIL LIKELY.  ACTIVITY
   COULD PERSIST WELL INTO SATURDAY NIGHT INTO PARTS OF NWRN KY/SRN
   IND. 
  
   …CNTRL PLAINS…
   THERE WILL PROBABLY BE A MINIMUM IN SVR TSTM PROBABILITIES ALONG THE
   BAROCLINIC ZONE OVER MOST OF THE CNTRL PLAINS AS STRONGEST SWLY LLJ
   AXIS AIMS TOWARD THE MID-MS VLY AND DIURNAL LLVL FLOW TURNS UPSLOPE
   OVER THE HIGH PLAINS.  HOWEVER…STRONG HEAT MAY LOCALLY BREACH THE
   CAP AND CONTRIBUTE TO AT LEAST ISOLD SVR STORM PROBABILITIES. 
  
   MEANWHILE…SHORT TERM MODELS SUGGEST MOIST UPSLOPE FLOW WILL
   STRENGTHEN OVER THE HIGHER TERRAIN OF CO DURING THE AFTN AS A WEAK
   PLAINS ANTICYCLONE SETTLES SWD.  APPROACH OF ANOTHER WEAK
   DISTURBANCE ALONG NRN PERIPHERY OF THE UPR RIDGE WILL ENHANCE HIGH
   TERRAIN CONVECTION BY MID-AFTN AND A WDLY SCTD STORMS WILL ERUPT BY
   LATE AFTN ALONG THE FRONT RANGE.  ROUGHLY 40 KTS OF BULK SHEAR AND
   VERY STEEP LAPSE RATES WILL RESULT IN A SUPERCELL ENVIRONMENT WITH
   VERY LARGE HAIL POSSIBLE.  ACTIVITY WILL DEVELOP EWD INTO ADJACENT
   SWRN NEB AND NWRN KS DURING THE LATE EVENING.

Court Takes Power; Bad Polar Ice Data; Stimulus Debate February 24, 2009

Is Barbour Really Being Slap Happy?

Clyburn Feels Insulted By Governors Opposing President’s Plan

Two Points of View on Stimulus From Same Man; Different Sources: 

This is sorta interesting.  On February 20th, the Miami Herald posted a story concerning the comments of Congressman James Clyburn of South Carolina regarding the stimulus package recently passed and signed into law.  He names four Republican governors who are considering not accepting some of the federal monies and says its an “insult”  to Black Americans.  The four Republicans in question are all from Southern states.  Curiously, the Congressman does not mention that the Republican governors from Alaska, Idaho and Minnesota have taken the same position.  The story is also interesting in that it sorta buries the part about how Clyburn is clashing with the governor of his own state who also is considering turning down the cash and how Clyburn wants the legislature to by-pass the governor if he indeed follows through.

                                                                                                                                                                                                                                                                                       

Plan Seemed To Grow On It's Own

On February 23, the District Chronicles put out a story concerning the stimulus and the reaction from the Congressional Black Caucus.  In the story, Rep. Clyburn is featured but the story makes no reference at all concerning his accusations against the southern governors in opposition. 

Then we have News Blaze, out of California.  News Blaze has a story on the subject of Clyburn’s comments with a group that it calls “Black Activists” discounting Rep. Clyburn’s comments.

Who Knows What It Really Looks Like

Here is the video of the interview on MSNBC’s “Morning Joe” in which Clyburn made the comments.  Click here to decide what you think.

This story, it seems to me, has not gotten the attention that it might otherwise get.  While there are opposing viewpoints on the internet and in local papers, a few cable channels have gone over it a bit but the national news shows seem to have chosen not to look into it too much.  In my view, the charge is so powerful that it probably should deserve a bit more scrutiny and discussion by the main stream press.  I don’t get why its not a bigger story.  But, the next time there is a shark attack in Florida, it will be the lead story.

Correct Sea-Ice Graph In Red...Quite a Difference, eh?

Would You Like Some More Ice? Well, it seems that there has been another error related to Global Warming.  This one comes from the National Snow and Ice Ice Data Center.  They report the monthly change in Arctic Ice.  In 2007, the Arctic Ice was reported at an all-time low since it has been studied, which only goes back about 30 years.  Last year, there were reports that the polar ice cap might melt away altogether over the summer.  Instead, the ice actually grew, at times quite rapidly.  It was generally reported as the second lowest ice coverage ever recorded, which was true, but it also could have been reported as an increase in the coverage from the previous year.  After a trend of growth, suddenly at the outset of this year, the growth seemed to have slowed dramatically.  It seems that careful observers noted a problem in the data.  That prompted the folks at the NSIDC to review the data and, sure enough,   they had sensor problems.  As it turns out, there is a lot more ice than previously reported….like enough to cover the state of California. (Arctic Sea-Ice News Feb 18, 2009…search if the date has changed)  Now, this doesn’t mean that the polar ice cap is just fine and dandy; it’s still below the 30 year average.  And the amount of “extra ice” is not necessarily as large as it sounds in relative terms.  But, this data could cover up a trend and it does raise questions about data collection and the doom and gloom prounouncements that follow.  Just last year, a report came out about a huge increase in global temperatures until it was discovered, again by outside observers, that the data was in gross error as a huge chunk of stations in Russia malfunctioned and put out data from the previous month. (See Whatsupwiththat) That made a big difference because the month in question was the transition from Summer to Fall(October 2008)  so a bunch of summertime temperatures corrupted the turning-fall data.

Two things….how much other data is corrupted?  The two I’ve cited here are not all there is..here’s some more questionable data. It should be troublesome that outside sources had to discover the errors and that the experts otherwise would have not noticed.  Should we be basing geo-political policy on a data collection system that is obviously flawed?  Perhaps it’s coincidence, but the errors in collection always seem to favor the Al Gore perspective.  Aren’t there ever any mistakes that say we are cooler than we really are?

Marshall Grabbed His Share

On This Date in History:

We’ve seen power grabs by presidents…how about by the Supreme Court?  Much of the accepted power of the various branches  of government is not spelled out by the Constitution but instead it was just assumed and everyone just shrugged their collective shoulders.  In this case, it was the Supreme Court itself that on this date in 1803 assumed a role that was not specifically granted in the Constitution.  What is odd is that the court took power by claiming it had no power. 

                                                                                                                                                                                                                         

Marshall Gave Court Tough Referee Job

                                                                         

John Marshall No Doubt Not an FDR Favorite

In the final hours of his term, President John Adams made 42 judicial appointments.  Due to bureaucratic bungling, some of the commissions were not sent out until after Adams’ term expired.  The new President, Thomas Jefferson, told Secretary of State James Madison to refuse to accept those appointments.  One of the appointees did not roll over and went to the Supreme Court to force the administration to accept his commission.  Now, the Constitution says nothing about the Supreme Court having the ability to rule regardng the constitutionality of acts of Congress.  William Marbury wanted his judicial appointment and James Madison opposed it.  Thus we had Marbury v. Madison before the court.  Chief Justice John Marshall knew that Madison and Jefferson wouldn’t accept the ruling if they ruled in favor of Marbury and that would weaken a Supreme Court which at that time really didn’t have equal power to Congress and the President. 

His solution was to rule that the court had no jurisdiction since the Judiciary Act of 1798 was unconstitutional.  Jefferson called Marshall’s logic “twistifications” but otherwise did not object.  Neither did anyone else.  Marbury didn’t get his seat but the United States Supreme Court assumed the power to interpret the Constitution and determine whether or not laws were unconstitutional, a provision the United States Constitution does not contain.  Perhaps some day a Supreme Court will rule that the Marshall Supreme Court was itself unconstitutional!

Weather Bottom Line:  Nothing too exciting or different.  Everyone will get above freezing by early Tuesday afternoon.  Highs will be in the upper 30′s and low 40′s. High clouds may help hold a lid on things.  Warm front on Wednesday may produce a few showers but more noticable will be the afternoon temperatures moving into the low to mid 50′s.  We’ll be around 60 or so on Thursday.  As a cold front comes through, rain chances will rise by Thursday night and Friday morning with the possibility of t’storms.  Still too early to tell if there will be strong storms in the area.  My guess is that the best chance will be in the lower Mississippi Valley and Red River Valley but its not out of the question that area of unsettled weather might migrate our way.  There will be a fairly strong subtropical jet nosing up but I suspect that the timing will not be all that suitable for stronger storms in our region. Worth watching though.   Colder than average temperatures reappear for the end of the week into next weekend.