Today in Supreme Court History: September 2, 1819

9/2/1819: James Madison writes letter to Judge Spencer Roane criticizing McCulloch v. Maryland.

Comments

[The Margrave of Azilia]

Hadn't Madison heard of Cooper v. Aaron?

[Martinned]

I don't think he would have approved of that one either.

[Dan Schiavetta]

The 1787 Madison would have approved. But by 1819 (and actually for some years before that) he had changed his mind.

[Dan Schiavetta]

Hawaii Housing Authority v. Midkiff, 463 U.S. 1323 (decided September 2, 1983): Rehnquist denies stay of Circuit Court order recalling an earlier decision as to whether Hawaii Land Reform Act violated Fifth Amendment "takings clause" and enjoining housing authority from pursuing any state administrative or judicial proceedings under the Act; possible Younger abstention but notes that Circuit Court will shortly revise its decision (the Court eventually held no Fifth Amendment violation because land would be taken for "public use", 467 U.S. 229, 1984) (Hawaii, aware of ownership of Oahu being in so few hands, bought the land at issue from a trustee of the traditional monarchy; it consisted of many little leaseholds, which it sold to the tenants at market value; this attempt at land redistribution was thwarted when Japanese investors came in, though they bought at a high markup, so the tenants ended up o.k.)

[Martinned]

In many countries, that's something that politicians are not supposed to do. Then again, by 1819 Madison was out of office, which will make it less iffy than if he had done that as the sitting president.

[The Margrave of Azilia]

In those days (not like today of course), judges, elected officials, and other prominent people would socialize together, etc., all out of court.