I’m not so sure
Glenn Reynolds: THERES NO IQ TEST TO BE A UNIVERSITY ADMINISTRATOR: University administrator says federal statute trumps the Constitution.
I get what the good professor is saying and all. But how is the administrator, in any meaningful sense, wrong? There are a number of federal statutes that are clearly unconstitutional and they are still treated as law. And are, often, held up in a court of law.
December 15th, 2015 at 12:03 am
You know who else didn’t need to pass a test befoer taking a position of power?
December 15th, 2015 at 12:39 am
Actually, the First Amendment jurisprudence on this is pretty murky. Maybe government money can be given to a student newspaper with strings attached (as to what it may or may not print) and maybe it can’t. It’s better policy for a school receiving public funds not to get involved with student newspapers at all — no facilities, no furniture and equipment, no money, and no censorship.
December 15th, 2015 at 11:11 am
“All laws which are repugnant to the Constitution, are null and void.” Chief Justice Marshall, Marbury v. Madison, 5, U.S. (Cranch) 137, 174,176, 1801
December 15th, 2015 at 1:45 pm
@Ron W: Your arresting officer, and the rest of the station, will really get a kick out of that one.
December 15th, 2015 at 2:32 pm
That’s the second thing Marbury v. Madison stands for. The first thing is that the Supreme Court decides which laws are repugnant to 5 out of 9 Justices, err, I mean, the Constitution.