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  1. #1
    Very Senior Member Gawain of Orkeny's Avatar
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    Default Re: Ouch

    It is an exam Gawain - you don't state your opinion you simply state a case in point back it up then object to it... If I was to write my opinions in exams I would seriously get nowhere.
    Thats what Im talking about. You gave in effect your opinion and not the truth. The truthis that they over rode the will of the people in all these cases. You should have shown how the court instead of doing its job is acting like a super legislature and now making law in the US instead of reviewing it. Even reviewing it was a power they siezed for themselves in Marbury vs Madison. You should have taken each of these cases and illustrated how they apply to the Supreme Court acting like 'politicians in disguise' not giving your opinion that what they did was correct.

    Im afraid ouch may be a very appropriate name for this thread.
    Last edited by Gawain of Orkeny; 06-28-2005 at 19:16.
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  2. #2
    Master of the Horse Senior Member Pindar's Avatar
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    Default Re: Ouch

    You should have couched your answer in a more general discussion of Judicial Review. Judicial Review is inherently political as it involves the Court contravening legislative action. This would have allowed you to put forward all the case law needing citation and contrast and compare Court action irrespective of popular oversite.

    "We are lovers of beauty without extravagance and of learning without loss of vigor." -Thucydides

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  3. #3
    Things Change Member JAG's Avatar
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    Default Re: Ouch

    Quote Originally Posted by Gawain of Orkeny
    Thats what Im talking about. You gave in effect your opinion and not the truth. The truthis that they over rode the will of the people in all these cases. You should have shown how the court instead of doing its job is acting like a super legislature and now making law in the US instead of reviewing it. Even reviewing it was a power they siezed for themselves in Marbury vs Madison. You should have taken each of these cases and illustrated how they apply to the Supreme Court acting like 'politicians in disguise' not giving your opinion that what they did was correct.

    Im afraid ouch may be a very appropriate name for this thread.
    Cheers - I did kind of attempt to illustrate what you just said, remember was just summarising my essay. I did criticise the view I first stated as well.

    What class is that, American? I know I would be sunk if I had to write an Essay about English politics.
    It is politics but this year was all about American politics, so don't worry I was ready, been studying your political systems for a whole year now. :p

    You should have couched your answer in a more general discussion of Judicial Review. Judicial Review is inherently political as it involves the Court contravening legislative action. This would have allowed you to put forward all the case law needing citation and contrast and compare Court action irrespective of popular oversite.
    Now I think that is definately what I should have done, I got on that drift a bit, but didn't completely get to that train of thought which is a shame as I think that would have been the best answer.
    GARCIN: I "dreamt," you say. It was no dream. When I chose the hardest path, I made my choice deliberately. A man is what he wills himself to be.
    INEZ: Prove it. Prove it was no dream. It's what one does, and nothing else, that shows the stuff one's made of.
    GARCIN: I died too soon. I wasn't allowed time to - to do my deeds.
    INEZ: One always dies too soon - or too late. And yet one's whole life is complete at that moment, with a line drawn neatly under it, ready for the summing up. You are - your life, and nothing else.

    Jean Paul Sartre - No Exit 1944

  4. #4
    Senior Member Senior Member English assassin's Avatar
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    Default Re: Ouch

    JAG, a word of advice. Sat exams are like ex girlfriends. In time, distance may lend objectivity, but in the immediate aftermath the rule is never explain, never apologise.

    For what its worth I didn't think your argument was an oxymoron, provided you said unpopular in PART OF the states. Though perhaps introducing the will of the people needed to be backed up with exactly what people you were talking about (viz, the inteligent and well informed ones). Some reference to the dangers in a democracy of the tyranny of the majority and the court as a counterbalance maybe?

    Anyway as you rightly observe, notwithstanding Big G's views on the subject there isn't really a right answer to that question, the examiners are going to look at how you argue it.
    "The only thing I've gotten out of this thread is that Navaros is claiming that Satan gave Man meat. Awesome." Gorebag

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