16

7

Held: Coleman v Miller The question of whether an
amendment had been properly ratified by a state
legislature was a political question and not
subject to judicial determination.

Ch. 2 The Judicial Function in Constitutional Cases
Sec 1. Scope of the Function:
Marbury v Madison
Historical background: At time of constitutional
convention was no clean cut precise decision of judicial.
It bad been quite customary pre colonial courts to
look into charters however the position of the colonies
was accepted as subordinate.
Q. 1. Is this opinion constitutionally persuasive.
2. Is it socially desirable.
(these first two meeger as question is
what words fairly mean followed by fair meaning
in light of present social requirements. However
courts have to have good reason for departing from
clear meaning of constitution. If one or more
interpretations are possible the socially desirable
one will be taken.)
3. What can congress do about it (Con—
gress can appoint new members, [instate] amendment
to constitution. Congress can (...)
set up special court.)