Posted on Fri Jul 06, 2007 at 12:21:29 PM EST
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This brings us to the second enquiry; which is . . . [i]f he has a right, and that right has been violated, do the laws of his country afford him a remedy?
The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury. One of the first duties of government is to afford that protection. The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.-Marbury v. Madison
One of the great ironies of the seminal case Marbury v. Madison is that it provided no remedy to the party, Marbury, whose vested right was deemed by the Court to be violated. Chief Justice Marshall struck down a law passed by Congress which purported to give jursidiction to the Supreme Court over actions such as Marbury's, ruling that the law was unconstitutional.
Today, the United States Circuit Court of Appeals, Sixth Circuit, dismissed the ACLU's case against the National Security Agency, which sought the enjoining of the NSA's warrantless surveillance program. The Sixth Circuit ruled that the ACLU lacked standing and thus dismissed the case. More.
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