2,165 Matching Annotations
  1. Oct 2021
    1. every argument which would sustain the right of the General Government to tax banks chartered by the States, will equally sustain the right of the States to tax banks chartered by the General Government.

      Is this relationship between State, banks, and General Government rooted in reciprocity or mutual responsiblity?

    2. No political dreamer was ever wild enough to think of breaking down the lines which separate the States, and of compounding the American people into one common mass. Of consequence, when they act, they act in their States.

      Why is where the assembly took place relevant to the case and why exactly are they defending it?

    3. Its means are adequate to its ends, and on those means alone was it expected to rely for the accomplishment of its ends.

      This whole phrase is really confusing me? I'm not able to even figure out what any of the parts mean, could anybody help me out?

    4. CONFIDENCE.

      Is this something that is actively being said? If so, is this something that was yelled a little but louder? Or was this only written and capitalized for effect.

    5. We

      I saw "we" being mentioned throughout this whole thing but I'm still a little bit confused as to where the introductions would be. Is this just assumed or am I missing something?

    6. but by people over whom they claim no control.

      Is this suggesting that if States were allowed to tax the Federal Government, would States hold power and authority over citizens outside of their state? Would State laws apply universally?

    7. incompatible with the language of the Constitution.

      How exactly is the necessity of resorting to mean which it cannot control not compatible with the language outlined in the Constitution?

    8. thus leaving the question whether the particular power which may become the subject of contest has been delegated to the one Government, or prohibited to the other, to depend on a fair construction of the whole instrument.

      Is this suggesting that there is isn't any sort of protocol for when certain issues arise that causes question on what government has authority over said issue?

    9. It is true, they assembled in their several States—and where else should they have assembled?

      When assembling in their states, did they form permanent locations to meet or was it a random?

    10. But if the full application of this argument could be admitted, it might bring into question the right of Congress to tax the State banks, and could not prove the rights of the States to tax the Bank of the United States.

      Is this saying that the federal government can tax the states, but the states cannot tax the federal government?

    11. This is, we think, the unavoidable consequence of that supremacy which the Constitution has declared.

      A lot of this argument seems centered around the idea that the people, via its representatives, declared the Constitution has supreme power over states. In this, a State (and by extension, representatives of the people) is arguing the apparent supremacy of the federal gov't over the state, doesn't this contradict the argument of the Supreme Court a bit, that the will of the people was for a federal gov't to hold supreme over state?

    12. The people of all the States have created the General Government,

      A lot of what we've read up to this point make it seem like the Supreme Court acts as a kind of voice for the Constitution, that it would interpret and enforce the objectives of it. It's never felt like a branch that was representative of the people. Does the Supreme Court ever act or treat itself as representative of the people, or does it more view itself as a representation of the Constitution?

    13. It was reported to the then existing Congress of the United States

      I'm assuming he means with this line, the congress as it existed under the Articles of Confederation. My question is why bring up this quick history recap? Is it to argue that the States, in ratifying the Constitution and the new Federal government, were granting that the Federal Government held a certain amount of power of them? Something else?

    14. The Constitution of our country, in its most interesting and vital parts, is to be considered, the conflicting powers of the Government of the Union and of its members, as marked in that Constitution, are to be discussed, and an opinion given which may essentially influence the great operations of the Government....

      Does Marshall regularly define the scope of the case like this at the start of his decisions? I don't recall anything similar in Marbury v Madison.

    15. The powers of the General Government, it has been said, are delegated by the States, who alone are truly sovereign, and must be exercised in subordination to the States, who alone possess supreme dominion.

      Does Maryland grapple with the idea that the sovereignty and power of the states comes from the people in its argument that the Constitution receives its power from the states, as opposed to the people?

    16. The Government of the Union then ... is, emphatically and truly, a Government of the people....

      What's the deal with these ellipses? Is there actual text omitted? Or did Marshall literally include these marks in his writing?

    17. we shall find it capable of changing totally the character of that instrument

      I don't understand what this is saying? So on the basis of Marylands contends it changes the meaning of what the Bank means in the constitution?? I'm not sure if I even read it correctly the end of the sentence isn't making sense to me. Changes the character of what instrument? Constitution?

    18. the Bank of the United States is a law made in pursuance of the Constitution, and is a part of the supreme law of the land....

      What does this mean? so the bank of the united states is inherently also the supreme law of the land?

    19. the instrument,

      Whats the term "instrument" referring to here? the constitution? or the creation of it?

    20. Taxation, it is said, does not necessarily and unavoidably destroy.

      Taxation seems to be a big pinpoint of this argument. In history we have seen many problems with "taxation without representation" or misuse of taxing in this case, but we also see problems today with people not agreeing with where the tax money goes, or especially problems with getting tax returns. Do you think taxation is going to continue being a problem?

    21. may be carried into execution, would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind. It would probably never be understood by the public.

      I am lost here. Is this referring to the idea that if the constitution had every subdivision of rules stated that it would not be embraced by human kind and that it would never be understood by the public? Because wouldn't a constitution with accurate details be the most accepted to the public?

    22. Among the enumerated powers, we do not find that of establishing a bank or creating a corporation

      While the Constitution is the Supreme Law of the land, obviously the Constitution does not outline every possibility of things that happen within society (like the establishing of a bank or creating a corporation). Is the creation of something or a situation where things happen due to the lack of guidelines in the constitution common? Do you think it is fair that new rules and regulations be made in addition to there being none directly stated about these given situations?

    23. Would the people of any one State trust those of another with a power to control the most insignificant operations of their State Government?

      This question is more a thought for questions. Do you think that this idea of one government have power over another government issues still stand in to days modern world? or do you think that states and governments the the US are more lacs about this issues then they where in 1819?

    24. quieting the excessive jealousies

      Is here referring to the jealousies of the states to the federal government or the federal government to the states? Who in this scenario is the jealous party leading to the creation of the 10th amendment?

    25. "this Constitution, and the laws of the United States, which shall be made in pursuance thereof," "shall be the supreme law of the land,"

      For clarification is Marshal saying that since the people told the states that they wanted a federal government, that the states have to abide by the federals governments laws and rules? He pointes out that the states may see them selves as sovereign states, but since the people agree to the federal government the states also have to follow it?

    26. They did not design to make their Government dependent on the States....

      Would the dependence on the states be referring to the states making money for the national government by creating the taxes?

    27. The argument on the part of the State of Maryland is not that the States may directly resist a law of Congress, but that they may exercise their acknowledged powers upon it,

      Wouldn't that be unconstitutional? To not abide to the laws enacting by congress? Isn't it up to the Judiciary to interpret the acknowledged powers?

    28. which another Government may furnish or withhold

      Is 'another government' directly referring to the state vs. the national government?

    29. Its nature, therefore, requires that only its great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced from the nature of the objects themselves.

      At the end of this where it states 'deduced from the nature of the objects themselves' - the objects themselves are the individual states and people in those states, correct? So if there was no mention of the laws regarding bank taxes of states in the constitution, but the grand power of the law is saved for the people, which influence the government, makes me wonder- was this creation of Maryland's bank and bank tax, at all ever voted on by the people? Or was it 'secretly' created and decided by the government of the state alone?

    30. Though any one State may be willing to control its operations, no State is willing to allow others to control them

      So here it sounds to me like it is certain that the states have sovereign power to create their laws, but wouldn't that directly conflict with the constitution being the supreme law of the land? Or is "no state is willing to allow others to control them" specifically speaking to something I'm missing?

    31. But is this a case of confidence?

      What constitutes a case of confidence? Is Marshall saying here that the national and state governments need to just have confidence in one another that there will be no abuse of power from either end? When does the Court decide a case is to be considered a case of confidence?

    32. the power of establishing a branch in the State of Maryland might be properly exercised by the bank itself,

      This section confuses me. Is Marshall saying here that not only can the government create a national bank, but they can delegate powers to this bank for it to exercise? Or is it saying that the State of Maryland, where the bank will be established, is to delegate powers to this national bank?

    33. incidental or implied

      If Marshall is saying what I think he is saying here, could technically any "power-move" the national government makes be considered an implied power, if not prohibited by the Constitution? Would it just depend on how the justices perceive it, at the time of the conflict?

    34. But the two cases are not on the same reason.

      Kind of seperate, but do federal buildings pay taxes to the state they are in? Or to the government? Or do they pay at all? If they dont does that mean that the state tax payer does?

    35. That the power to tax involves the power to destroy;

      Definitely seems like a major quote. Is he basically saying that this would give state governments the power to destroy the federal government?

    36. and that the Constitution leaves them this right, in the confidence that they will not abuse it....

      "In the confidence that they will not abuse it" I feel like that is a big leap of faith to make. It seems as though states could drag an issue like this on and on, especially if they are in an opposing party than the president or something like that. Is there a sort of double jeopardy type thing to ensure this doesn't happen? or are there examples of this happening frequently?

    37. unanimously of opinion

      In the Epstein text, it says that one of the seven Supreme Court Justices, Thomas Todd, did not participate in the decision. So it was unanimous, but only among 6 of the 7. I wonder why Todd didn't participate? Does anyone know from the text or other history?

    38. burden,

      This word choice seems dangerous in how vague it is. A lot of actions that a state might take could be defined as "burdening" a law enacted by Congress. Who decides what is a burden? I wonder if there have been cases that have happened since that argue over whether a state action is a "burden" to a national government function? Or if this part of Marshall's argument has ever been used as precedent for the federal government to stifle state power?

    39. had experienced the embarrassments resulting from the insertion of this word in the Articles of Confederation

      Is the "embarrassment" Marshall is referring to here the events of Shay's Rebellion? We know that the invention of Federalism was specifically an attempt to remedy the pitfalls of the Articles of Confederation, and that the Articles created a weak central government. I remember reading about Shay's Rebellion that the national government found themselves unable to fund troops to be sent to counter the Rebellion. Is that because the power to send national troops into states was not "expressly" delegated to the US government? Or are there other "embarrassments" that arose from this part of the Articles, especially seeing as Marshall made "embarrassments" plural?

    40. We shall find it capable of arresting all the measures of the Government, and of prostrating it at the foot of the States.

      I feel like this is a tad dramatic. How would allowing Maryland to tax a government institution arrest "all the measures of the Government"? I understand that taxing the bank would likely lead to the closing of that bank - but how would it interrupt the rest of our governence?

    41. This, then, is not a case of confidence, and we must consider it is as it really is.

      I feel like I've been lost in this paragraph. I'm not entirely sure what is trying to be said here?

    42. The Government of the United States, then, though limited in its powers,

      Does anyone else feel that it is a stretch to say that Constitution = the government? I understand completely where they are coming from, and agree that it makes sense to have an overarching government, but this statement here feels like a stretch.

    1. To construct these pivot points, first find the previous day’s typical price. This represents the next day’s pivot level, PP
    2. stochastic

      What is the stochastic ?? Réponse : cf. page 259 ! (c'est le %K et %D)

    3. stochastic action

      What is the stochastic ?? Réponse : cf. page 259 ! (c'est le %K et %D)

    4. The difference between the previous close and the current high ■ The difference between the previous close and the current low

      Que dans le cas où il y a des gaps non ?

    5. this coincidence of buy and sell signals by both oscillators in the chart example in Figure 8.7 above creates false consensus and may lead the trad-er into a false sense of confidence

      But in this case (Fig.8.7), the signals are correct ??

    6. Equivolume

      What is equivolume ?

    7. TRIN advances/declines / Up Volume/Down Volume=( ) ( )

      ???

    8. It is important to note that overextensions in volume can signal either a top or a bottom. Extreme buying and selling activity generates volume and can result in either a top or bottom. That is the reason why we cannot use the terms overbought or oversold with respect to volume extremes unless we are able to associate volume with either a top or bottom formation. Therefore, although we are able to pinpoint overextensions in volume, it is only possible to identify overbought or oversold lev-els in volume after a top or bottom has already formed, that is, in retrospect

      ???

    9. Selling Climaxes

      If the top is marked by a blow-off in the volume chart, then the following volume candles will be of smaller size, indicating a trend reversal ?

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    1. The breakdown of water involves a rearrangement of the atoms in water molecules into different molecules,

      Why would hydrogen and oxygen need to be separated for?

    1. Other policies simply tar-geted black communities for iso-lation and demolition. The postwar programs for urban renewal, for instance, destroyed black neigh-borhoods and displaced their residents with such regularity that African-Americans came to believe, in James Baldwin’s mem-orable phrase, that ‘‘urban renewal means Negro removal.’

      QUESTION- this whole passage and this quote in particular took me by surprise because I was not aware of the fact that the very roads we travel on were built as a means of segregation- and it brings me to the question of what other everyday things we don't think twice about could have been originally intended as a means of separation?

    2. It is the culture of acquiring wealth without work, growing at all costs and abusing the powerless.

      QUESTION - This culture has been built in America on the basis of slavery, but has it also occurred elsewhere in the world? Most countries don't have everyone working an amount proportional to the wealth they possess, so what was the basis of this culture in other places in the world?

    1. , why did focus groups virtually disappear from the social sciences during the next three decades?

      1( Merton et al., 1990) - used focus groups just to examine reaction to media propaganda - didn't publish.

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    1. to gain an understanding of thescope of payments in lieu of taxes (PILOTs) in Illinois municipalitie

      What's the scope of PILOTs in Illinois municipalities How to explain the PILOTS in Illinois municipalities generate less revenue that what's typically seen?

    1. that the individual who considers himself injured

      I am also confused what they mean by injured in this conclusion

    2. "I do solemnly swear that I will administer justice without respect to persons,

      Similar to Taylor I am also confused on what they mean with the comment "without respect to other persons". How does this translate when it comes to the rest of the statement.

    3. It is also not entirely unworthy of observation, that in declaring what shall be the supreme law of the land, the constitution itself is first mentioned; and not the laws of the United States generally, but those only which shall be made in pursuance of the constitution, have that rank.

      Now that Marshall observes the supreme law of the land to be the constitution, this makes me wonder how the Judiciary Act of 1789 was passed when it altered the original jurisdiction that was written in the constitution. Did the creators of the this act not consult or care about the constitution?

    4. This is of the very essence of judicial duty.

      When deciding a case, how is being able to disregard the constitution part of judicial duty? Isn't that the backbone for making laws in this country? It the court's duty to determine if the laws are constitutional or not.

    5. It seems only necessary to recognize certain principles, supposed to have been long and well established, to decide it.

      Is this saying that the court must put the Constitution first, over an act of congress? Are the principles, which are being referred to, those in the Constitution? If not, what are they?

  2. Sep 2021
    1. My question is, wye is a sanitary tee directional? I maintain that a two way sweep would be a more efficient vent.
    1. Why does a judge swear to discharge his duties agreeably to the constitution of the United States, if that constitution forms no rule for his government? If it is closed upon him, and cannot be inspected by him?

      This concludes Marshall's habit of asking questions that he proceeds to answer. Are many modern day decisions written similarly? Or is this style more suited to an early justice seeking to define the role of the court, including the types of questions a Justice should be asking and answering?

    2. If congress remains at liberty to give this court appellate jurisdiction, where the constitution has declared their jurisdiction shall be original; and original jurisdiction where the constitution has declared it shall be appellate; the distribution of jurisdiction, made in the constitution, is form without substance.

      Okay help me clarify this. In this phrasing saying that if Congress gives appellate jurisdiction over the constitution witch already holds original jurisdiction than that new law or rule makes no sense?

    3. if the laws furnish no remedy for the violation of a vested legal right.

      Question: Is having a job a legal right? I understand that this case was also trying to figure out that same question.

    4. The secretary of state, being a person holding an office under the authority of the United States, is precisely within the letter of the description; and if this court is not authorized to issue a writ of mandamus to such an officer,

      I am a little lost in this area. Why is Madison the name on this case and not Jefferson? Is this sentence explaining that? I don't quite understand they way this is phrased.

    5. mandamus should be used for that purpose, that will must be obeyed. This is true, yet the jurisdiction must be appellate, not original.

      So a mandamus can only be applied to Appellate jurisdiction and not Original? Or can it be applied to both if met with the "specificity" of the original jurisdiction requirements?

    6. appellate jurisdiction may be exercised in a variety of forms

      What does that mean appellate can be exercised in a variety of forms? Is this referring to the different types of lower courts that hears under this type of jurisdiction?

    7. original jurisdiction

      So where does appellate jurisdiction come in? I only see this statement mention original jurisdiction but in the video Prof explained the Constitutional Article III held the Supreme Court has power to do both. So in what circumstances does appellate court because the jurisdiction for a case/trial?

    8. without respect to persons

      What exactly does this mean? I guess I'm confused because it started off heavily implying that all men deserve fair trials/ access to law. Does this just reinstate that the law is above people and must be applied evenly? The 'without respect' is throwing me off.

    9. and it becomes necessary to enquire whether a jurisdiction, so conferred, can be exercised.

      When they mention 'can be exercised' are they talking about finding a conclusion at all with the issue? Stating that no one was given the jurisdiction to make the conclusion from the constitution?

    10. it must be because the law is unconstitutional, and therefore absolutely incapable of conferring the authority,

      Is this part of the reasoning why said action taking place was unconstitutional? Are they using this as reason, or is it still being debated?

    11. this legal title to the office, he has a consequent right to the commission; a refusal to deliver which, is a plain violation of that right, for which the laws of his country afford him a remedy.

      So is this saying that his high office position allows him to make the judgement on delivery (or not delivery) of the papers, and have no consequences for his choice? Because he should be, with his position, thinking about the laws above person opinions?

    12. no bill of attainder or ex post facto law

      I realize this is just an example he's using to prove his point, that every word of the constitution is important and that the constitution should trump other laws. However, I've never heard of either of these - A "bill of attainder" or an "ex post facto" law. Does anyone know what these are?

    13. practical and real omnipotence

      As a Federalist, Marshall knows that many of the people reading this opinion will be Anti-Federalists. I'd love if my classmates would weigh in: Do you think he is using the exaggerated language of "omnipotence" to appeal to the Anti-Federalist fear of concentrated power? Do we think Marshall is speaking from a totally neutral judicial stance here, or do aggrandized depictions like these hint that he is letting his political bias shine through?

    14. It cannot be presumed that any clause in the constitution is intended to be without effect

      This assertion is fascinating to me. In my interpretation, Marshall is basically saying that every single clause in the constitution has a deliberate effect. I wonder, are there any clauses that the framers explicitly wrote as transitional sentences between two more important thoughts that have been interpreted to have a huge effect? In other words, was Marshall right to say that every single clause was supposed to have an effect?

    15. If, however, such a bill should be passed and a person should be prosecuted under it; must the court condemn to death those victims whom the constitution endeavors to preserve?

      I'm a little confused on how this analogy fits in. Is this meaning that the bill passed should be enforced by the courts? If this is true how exactly does this fit in the argument?

    16. If then the courts are to regard the constitution; and the constitution is superior to any ordinary act of the legislature; the constitution, and not such ordinary act, must govern the case to which they both apply.

      What would make the constitution not superior if put in the situation of conflict? From my understanding the Constitution is going to be more superior or hold more weight

    17. and consequently if the officer is by law not removable at the will of the President

      In what circumstances is the officer not removable at the will of the President in this context? From my knowledge the house impeaches and the Senate holds the trial

    18. 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

      Is this inciting that in order to be given civil liberty, you must obeyed by the laws set in place?

    19. If the solicitude of the convention, respecting our peace with foreign powers, induced a provision that the supreme court should take original jurisdiction in cases which might be supposed to affect them; yet the clause would have proceeded no further than to provide for such cases, if no further restriction on the powers of congress had been intended.

      What exactly is this stating? I this suggesting that the courts don't have any jurisdiction over foreign powers, and only take cases that are related to their branch?

    20. If any other construction would render the clause inoperative, that is an additional reason for rejecting such other construction, and for adhering to their obvious meaning.

      I do not understand how this statement relates to what was said before. If I'm correct, the previous statements was suggesting that the supreme and inferior courts have certain jurisdiction. Are they saying that how jurisdiction is determined may change over time?

    21. Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law?

      This is mostly just a question of clarity- is the question being asked here that if a law that is created in which the constitution does not have an answer for, should it be considered legitimate?

    22. Between these alternatives there is no middle ground. The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and like other acts, is alterable when the legislature shall please to alter it.

      This seems like a crucial sentence that is being asked even today. This case seemed to have established crucial legitimization on the reach and powers of the Supreme Court, but what did it do in regards to establishing the power of the Constitution?

    23. To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained?

      Throughout class so far, a lot of discussions have been about interpretation of the constitution. There are various styles to achieving this, but the one we lack now is direct communication with the framers, obviously. So, in the case of this, Marshall is interpreting at a time when one of the founders is a sitting president, so why is the Supreme Court trying to interpret the words written of men who could offer their own intentions plainly?

    24. the rights he has acquired are protected by the law, and are not resumeable by the President.

      Is this saying that once a Justice is appointed and confirmed, the President cannot revoke the office from the individual? Does that mean that power lies with Congress?

    25. gave the officer a right to hold for five years

      Doesn't the Constitution outline that the Justices serve for life? Why does this say five years?

    26. signed by the President

      I thought the Justices were appointed by the President but then had to be confirmed by the Senate. Was this second step an amendment added later?

    27. Neither is it necessary in such a case as this, to enable the court to exercise its appellate jurisdiction.

      I thought the whole point of this case was to review laws or precedents within the constitution and deem whether or not they were truly viable. Doesn't appellate jurisdiction become necessary then? A higher court overturning a lower courts decision?

    28. The principles, therefore, so established, are deemed fundamental. And as the authority, from which they proceed, is supreme, and can seldom act, they are designed to be permanent.

      I know that the peaceful transfer of power between one administration to another is a big deal in the United States and a coveted tradition. Does this case have anything to do with that precedent? Obviously this has to do with judgeship and not the presidency, but refusing to deliver the commissions in the last days of office certainly screams sore loser. So other than establishing judicial review within the courts maybe this case had other effects on the tradition of American politics?

    29. To withhold his commission, therefore, is an act deemed by the court not warranted by law, but violative of a vested legal right.

      From what I understand about this case. it vaguely reminds me of the case of a baker who refused to bake a cake for a gay couple due to his religious beliefs. I think it made it to the state supreme court and they ruled he was within his constitutional right to refuse service. Since they ruled here that they could not force him to deliver the commissions (even though he did violate the law) did this case have any affect on the ruling of the more current case? I know that it said in a previous module that they have to follow precedent set by previous cases.

    30. It is then the opinion of the court,

      How can a court's opinion change? When there are different people on the court would that maybe produce a different outcome? How would you be able to be sure that things are standard?

    31. If this obloquy is to be cast on the jurisprudence of our country, it must arise from the peculiar character of the case....

      This whole phrase is just completely in one ear and out the other for me. Would anybody be able to explain what this means? It is just a fancy way for getting into the opinion on the case?

    32. If he has a right, and that right has been violated, do the laws of his country afford him a remedy?

      This is confusing to me because I don't understand how this is an opinion answered question. If something has gone wrong shouldn't there be a remedy owed?

    33. he power remains to the legislature, to assign original jurisdiction to that court in other cases than those specified in the article which has been recited; provided those cases belong to the judicial power of the United States.

      I am confused on how the legislature fits into the court's original jurisdiction. Did the legislature have to approve each of the cases that the supreme court took? Why only for original jurisdiction and not appellate jurisdiction as well? Does this still apply today?

    34. appointment conferred on him a legal right to the office for the space of five years.

      When mentioning Mr. Marbury's commission, they state that he is given a five year term. Were judicial appointments not lifetime appointments within the early years of the court system? Was the term five years for each appointee?

    35. who considers himself injured, has a right to resort to the laws of his country for a remedy.

      When this is referring to a man considering himself "injured", does that mean that a remedy can only be given to cases in which someone was injured? Or is this a form of metaphorical speech?

    36. to issue writs of mandamus to public officers, appears not to be warranted by the constitution

      Where does the issue writs of mandamus come from then if not the constitution? I thought that the way judicial courts act were all centered around the constitutional law. But the way this is worded, it appears that mandamus is not in reference to the constitution.

    37. Affirmative words are often, in their operation, negative of other objects than those affirmed; and in this case, a negative or exclusive sense must be given to them or they have no operation at all.

      I am confused on what affirmative words are. What do they have to do with this case? If anything, shouldn't there need to be positive affirmation words towards the case? If it is only negative, then wouldn't that be the opposite of having no operation at all?

    38. 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.

      Does this simply suggest our government is laws and doesn't have much to do with the men that are supposed to uphold them? What legal right are they referring to?

    39. That it thus reduces to nothing what we have deemed the greatest improvement on political institutions -- a written constitution -- would of itself be sufficient, in America, where written constitutions have been viewed with so much reverence, for rejecting the construction.

      At this point, Marshall has invoked the idea of and principle behind written constitutions generally about 5 times. I don't take issue with his argument, but is there a reason he acts as if the principle behind a constitution is so well understood but does not invoke specific examples from somewhere else? Did he think this was not helpful for a young United States in defining the scope of its own laws? Or did he not have a useful example of a written constitution from another nation to cite?

    40. To enable this court then to issue a mandamus, it must be shown to be an exercise of appellate jurisdiction, or to be necessary to enable them to exercise appellate jurisdiction.

      If the Court is only bound to issue a mandamus as an exercise or remedy provided the powers granted by its appellate jurisdiction, which it denied given the case was brought directly to the Court, then how did it take the case under original jurisdiction? Did Marshall have a different take on jurisdiction than Justice Chase a few decades later?

    41. Here the language of the constitution is addressed especially to the courts. It prescribes, directly for them, a rule of evidence not to be departed from. If the legislature should change that rule, and declare one witness, or a confession out of court, sufficient for conviction, must the constitutional principle yield to the legislative act?

      I'm curious as to how the writers of the Constitution had not considered that something similar could occur? Why did the writers not introduce some sort of specific method where one of the branches could declare an action of another unconstitutional?

    42. 3dly. He is entitled to the remedy for which he applies

      Why would he not be if his position is upheld by the law as they mentioned previously? Why would he not be entitled to a remedy of the situation?

    43. To enable this court then to issue a mandamus, it must be shown to be an exercise of appellate jurisdiction, or to be necessary to enable them to exercise appellate jurisdiction.

      I think I'm lost at this point? I'm not entirely sure what point they are trying to make, and there are far too many large words in the previous paragraph for me to be able to make sense of what is happening in this section. I certainly feel lost.

    1. Does this daemon benefit me in anyway or is it only used for mismatched resolutions like 1440p with a 1080p display?
    1. What revitalization strate-gies do university anchors employ and how do these approaches compare to anchor institution models?

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    1. an important change in the urban anchor institution conversation. It moves beyond the “who” and “how” of university-neighborhood interventions and begins to ask, “what happened?”

      What happened to the neighborhood after UPEN WPI interventions in Alex Penn School.

    2. This article seeks to move beyond the anecdotal, advancing the conversation with a longitudinal evaluation of neighborhood change during the WPI years.

      What is the longitudinal change in neighborhood characteristics as measures of effective revitalization and how do those demonstrate the effect of WPI investments from UPENN> and how does that differ from perceptions captured in previous qual studies?

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    1. early career researchers on the specific ways that they approached and handled the question of ‘how many qualitative interviews is enough?’
    2. Methods Review we draw on the tacit knowledge of a series of renowned social scientists who come from a range of epistemological and disciplinary positions but who share an expertise in qualitative research.
    1. But when people get less than seven hours of sleep on a regular basis, they face increased risk of metabolic problems like type 2 diabetes, as well as mental health issues like depression, Martin said.

      Is this true i can get type 2 diabetes from lack of sleep?

    1. Before the hissing funeral pyre, floating down the river, white blocks of what looks like detergent appear like icebergs

      Why do people in Delhi drink river water knowing that the end is polluted?

    2. "If you're somebody who needs seven hours of sleep a night, then you really need 49 hours a week,"

      how many hours a week do you need to sleep? why

    1. We can die by it, if not live by love,          And if unfit for tombs and hearse Our legend be, it will be fit for verse;

      "We can die by it, if no live by love" is Donne professing to the reader that life without his lover is not worth it, similarly to Shakespeare's tragedy, "Romeo and Juliet." After this, Donne predicts the success of his poem saying he will be remembered for his "verse" or poems like this one. What does Donne's "prediction" say about him as a writer?

    2. Alas, alas, who’s injured by my love?          What merchant’s ships have my sighs drowned? Who says my tears have overflowed his ground?          When did my colds a forward spring remove?

      If John Donne knows that his love hasn't harmed anyone, why does he continue to question the reader about it? If he is being truthful, why ask?

    3. For God’s sake hold your tongue, and let me love,

      Donne speaks directly to the reader, pleading them to let him love. Why is Donne so frustrated with the reader after only one line of the poem?

    1. Question: Why a cable for a wireless keyboard? Answer: .noScriptDisplayLongText { display : none; } <style> .noScriptNotDisplayExpander { display : none; } .noScriptDisplayLongText { display : block; } </style> because it is not a wireless keyboard...
  3. fa21psy352.commons.gc.cuny.edu fa21psy352.commons.gc.cuny.edu
    1. He related the three broad topics Sprache, Mythus,and Sitte (language, mythology, and culture) to the individual-psychological aspects of representation, emotion, will, andhabit.

      Intriguing.. I can see where the connection is possibly being made, that language and culture have an impact on our psyche? Language can focus our aspect on specific aspects of the world and influences perception and culture effects us developmentally.

    2. The duality of German politics and the parallel developmentof Wundt’s politics are reflected in his psychology, which hasproduced a split between social and experimental psychology

      It begs the questions.. How has the duality of German and Wundt's politics followed us in some guise ever since? Does it mean that traces of modern psychology are still white washed and catered towards one demographic?

    1. has to do with health or safety.

      Wasn't this topic of public health and safety already discussed? Is J. Breyer giving Layton the opportunity to explain the state's stance in further detail?

    2. Establishment Clause

      How many times have there been cases of violations to the Establishment Clause? Is there a precedent for what is and is not a violation?

    3. So what is the definition of a church? So a religiously-affiliated school is not a church under the -- under the Missouri constitution?

      What is the criteria specifically for deciding if a religiously-affiliated organization receives state funding? I think it's interesting and poignant that the justices have asked both attorneys for their definitions of church.

    4. Voluntary Cessation Doctrine,

      I looked up the Voluntary Cessation Doctrine, but I am still unsure what it means and how it pertains to this case? I wish they would have elaborated more on it. I could be mistaken, but I believe the Doctrine deals with exceptions to mootness, however, I thought Justice Breyer said this case was not moot.

    5. and there is a point where you can accommodate religion,

      I am a little confused with Cortman's argument. If the court favors religion, then theres an Establishment Clause problem, but if the court attacks religion, then theres a Free Exercise Clause problem. How can these things be balanced out? When is it appropriate to accommodate religion? What are other examples of the court accommodating religion?

    6. Locke v. Davey

      Does Lockey vs Davey involve the qustion of scholarship (of religious schools) provided from government money? Thats what I'm gathering but I'm not sure. Not familiar with the case but before I look it up I'm guessing it has to do with government funded school scholarships secular vs non secular?

    7. World Vision brief,

      What is the World Vision Brief? Is this apart of the amicus brief? Im confused and already not familiar about what exactly an amicus brief is.

    8. And so there's a question about how religious you may be in order to receive the benefit or not.

      So how is this measured? How is the court able to tell how "religious" a school is and does how "religious; they are determine the funding amount they receive?

    9. Why can the State provide police protection or fire protection?

      Are states not obligated to protect churches from potential disasters? I get there's a separation of church and state, and maybe I'm completely misunderstanding the question, but is that Kagan's implication here?

    10. It clearly is, not only in this administration, but in the new lawsuit being brought to challenge the new policy, because it violates why we're here in the first place, is the Missouri State constitutional provision.

      The Missouri State constitutional provision has been brought up a few times, does this mean that the Supreme Court can make decision on state constitutions?

    11. Some of the amici on our site -- side say that there is

      What is an amici? Is this a group of people or a set of rules/laws that Layton is referring to that establish that there is no clause violation?

    12. Well -- well, for -- if the political winds change, we have -- we have this policy by Facebook or press release. So it can easily be changed back if political --

      How often does social media play a part into political bias? How are judges or trial members able to keep their rulings separate from the bias they're hearing in the news or headlines?

    13. But there's -- there's government coercion when you say there's a public benefit, and the only way you could receive that public benefit is if you do not exercise your religion.

      I understand the idea that public benefit from the government and religious states should not mix. Are there other examples of government coercion to public benefit you could provide as examples?

    14. David A Cortman

      He doesn't really answer the justices question of how he doesn't see the other way of questioning as discrimination IN FAVOR of the church against other non religious people which I think is sort of telling and again why I think justice sotomayor is one of the dissenting judges. One question I have is whether or not there actually is anything in the constitution that protects discrimination in favor of religion? I always hear about it the other way around and I remember in one instance not long ago about a christian baker who refused to bake a wedding cake for a gay couple based on the argument that it violates his ability to practice his religious beliefs. The court sided with him, which to me is discrimination in favor of "religious beliefs" that was ruled by the supreme courts as justified and constitutional.

    15. past

      Not sure if it's really a question necessarily, but I find it odd they are being so technical. I realize that they need to set a precedent and be able to justify their decisions and make sure it fits within the laws and everything, but they should be focusing on the merits of the case at hand, not coming up with every possible thing it could be compared to. Again it makes sense that they need to cross reference this type of information and those questions are worth answering but in this setting it somehow seems to me to be off topic.

    16. And so on one side you have the Establishment Clause.

      I looked up the establishment clause and it is essentially a clause put within the fifth amendment that prohibits congress from establishing religion. To me it seems like funding a religion is a very good way to establish it so I'm not sure exactly what his point is here. Unless he is suggesting that all religious schools recieve the same public benefits/funding. And unfortunately I have a hard time believing that certain states would ever fund anything other than christianity if it was left to a state level decision.

    17. There's also entanglement.

      Having no prior knowledge of the Establishment Clause, I believe I've been able to glean a little of what it might say from the course of listening to this case. The application of it seems to be broken into two halves of conditionality, "endorsement" and "entanglement." Does anyone on the thread have a definition of what these two conditions mean?

    18. I know your white light is on.

      Do any of my fellow students know what Justice Kagan is referring to here? Is Cortman's "white light" perhaps a five-minute warning light, since we are reaching the 25-minute mark, and each party gets 30 minutes? Or perhaps it just means "it's time to wrap it up?"

    19. hypothetical

      I'm curious, in their attempts to, as Professor Roberts characterized it, "probe the strength of their legal arguments, implications and hypothetical effects," how often do Justices describe hypothetical situations? If there was a statistic on how many times, on average per case, a hypothetical was posed, how high or low do we think it would be?

    20. they have a free exercise right to religious autonomy to decide who their members are. In fact, most private organizations and religious organizations do so.

      Does anyone else think that when he says "they have a free right to exercise... most private organizations and religious organizations do so." leads to him invalidating his point, that what he's asking for, is money for a private religious space? To me it seems like he has directly stated the church can do what it wants because it's private, but wouldn't that exactly take away from his want of federal money?

    21. there is no Establishment Clause problem, which is what we have here,

      Did I miss them getting to the point of there being no establishment clause here? If yes, can anyone point me to where that was? Or is the establishment clause just something I should know / will learn?

    22. private party

      Question - Here he says it's done by the private party, and I'm assuming that he means the individual who's hypothetically praying on the playground, however if that individual is from the church/ going to the church after or before playing- doesn't that make the individual apart of the church?

    23. I think the way the Court always has.

      Question - What is he referring to when he says 'the way the Court always has? What ways has the SCOTUS always separated secular function from its religious function?

    24. Locke, right? Locke drew a distinction between assistance for devotional, theological education and scholarship and others.

      This mention of Locke has been used numerous times throughout this conversation, and I have yet to understand where the meaning of this is being drawn from. Are they referring to something John Locke wrote? Is this the name of something or someone I may have missed?

    25. Because the kind of examples Your Honor is giving are examples where the -- the benefits are universal. They are not selective, which they are here; they are universal. So we start on the endorsement side.

      This is a very good point that I feel like is ignored. I have to wonder why this was not expanded on further - both by Layton himself or one of the justices.

    26. Friends of the Earth and the Knox

      I wish this had been elaborated on more. What do these two cases mean, and how does citing them help?

    27. how Missouri interprets the term "church" in its constitution?

      This question by Justice Alito made me realize that each state may have its own definition of "church". If this is to be one of the deciding factors of this particular case, and a case of the same material opens up in a different state, would the Supreme Court use Trinity Lutheran v. Comer to decide in a similar manner? Or would they have to judge with no stare decisis because of the different terms within the different state constitutions?

    28. Let's suppose that the public school sometimes uses its playground for things other than children playing, whatever they're going to have, a -- you know, an auction or anything else. Isn't it the consequence of your argument that the church can use the playground for more religious activities if the public school can use the playground for other non-playground activities?

      My first question is a bit more overarching of the argument that is happening so far. Is this argument, that the division of religious versus secular property on the church grounds, a violation of the first amendment? More specifically, if every individual has the freedom of religion, why does it matter that this church playground must be secular? Are they telling Cortman that they can judge what happens on the churches own private property? Why does this affect whether the church can join a fundraiser or not?

    1. Hi, I have a question about which rendering engine is used for this simulaiton video. Is blender being used? Same question goes for the video in the begining of this post. https://medium.com/toyotaresearch/drake-model-based-design-in-the-age-of-robotics-and-machine-learning-59938c985515. It looks like that the video in the beginning of the above post is rendered with blender.

    1. phragmite,

      est-ce qu'il serait envisageable d'intégrer des images ou des dessins de certaines plantes, aussi pour les rerendre visibles aux yeux du lecteur ?

    1. Canyon invitant Louise à plonger la voiture dans le vide.

      est ce qu'on peut y voir une conquête du bas-côté ? cet espace où il y a encore une place de liberté.

    2. après le premier accident,

      Ça me fait penser aux figures des couples mobiles ou en cavales (Thelma et Louise, Bonny and Clide), est que cet amour aurait été différent si vous aviez appris à conduire au sens où savoir conduire c'est aussi pouvoir à tout moment prendre sa voiture pour s'en aller vers une autre direction ?

    3. aurait inspiré Nabokov à terminer un manuscrit avec lequel il se débattait depuis une décennie, un manuscrit qu’il avait essayé de mettre au feu deux fois.

      est-ce qu'on en sait plus sur l'aide de Sally pour Nabokov ?

    4. cette recherche n’aboutit à rien d’autre qu’à l’inspiration qu’a été la petite fille kidnappée. Nabokov a entendu parler de ce fait divers, et ce détail-là, dans le tissu de ses journées, lui a permis de finir son livre.

      si le livre de Weinman "n'avance pas", est-ce qu'on peut envisager de voir ce mouvement comme le destin de Sally sur la route ?

    5. son épouse, Véra,

      Véra est-elle une femme de plus sur le bas-côté ?

    1. thus just this, how can research help the p

      How can research help the poor? central Focus. Author examines five participatory research projects (research from the underside) and applies a criteria as to whether or not it is research that helps the poor?

    2. me examples. But h

      How to evaluate research that appreciates power imbalances? Research by and with the social deprived...., Criteria laid forth>

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    1. He also does not understand the etiquette of not drinking the tea straight from the tea.

      Could you please clarify what you mean by drinking tea from the tea? I'm curious as to what he does not understand in terms of tea etiquette.

    1. I use Black Language intentionally in my scholarship to acknowledge Africologists’ theories that maintain that Black speech is the continuation of African in an American context.

      I thought that the idea that AAVE is a continuation of African dialect in America was a really interesting idea. I wonder if there are any grammatical rules that exist in both AAVE and other African languages.

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    1. how can weengage in ethnographies of vulnerable communities while maintaining a sense of objectivity and protecting our informants?

      Ethnographies of vulnerable communities - and be objective and protect informants

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    1. understandings that may contribute to the goals of liberation. Explo

      Purpose of study is to understand the goals of feminist liberation.

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    1. I have often wondered both questions, I know I always felt shame if I made a grammatical mistake and a teacher would point it out to the class. Also, am I problematic if I use SAE? Or is it more problematic to force my students to use SAE?

    1. What is their definition of lesser educated? Is it people who do not hold a college degree? Anyone without a doctorate? Not finishing high school? What is their definition of education and lesser educated?

    1. A measure ofresponsibility is part of our obligation whether it comes to us through religion or throughother practices, you know, a moral obligation of duty to others.

      I want to question where we see this in other cultures, such as our own. Do we have practices that embrace this ideology? Is it in the same way or a similar way?

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    1. Tell all the truth but tell it slant

      One stance to have is to be aware of Dickinson's metacognitive journey in most poems. So...what is D's overarching point about poetry as a craft, as a vehicle, as a way of being and knowing?

    1. In the last analysis, the kids should come full of spontaneity - with their feel- ings, with their questions, with their creativity, with their risk to create, getting their own words "into their own hands" in order to do beautiful things with the

      One question I have here is how do we teach this kind of concept in the classroom? Since we will be in high schools, how do we embrace this ideology when students may not even know how to engage with this kind of thing because they were not taught to do so prior to our class?

    1. medium design is less like making a thing and more like having your hands on the faders and toggles of organization.

      pedagogy, is that you?!

    2. Since unreasonable politics easily unravels reasonable politics, being right is a bad idea in medit1m design.

      So is medium design negative by nature?

    1. specifying a custom NGINX configuration snippet in the default server {}

      如果我想设置其他的vblock呢?例如http下init_worker 和upstream之类的。

    1. we will explore how educators (re)designcritical and sustaining literacy and languageexperiences in ethical solidarity with students andcommunity members to reciprocally benefit studentlearning and community advancement.

      I wonder if I'll be able to use this knowledge in my field placement this semester?

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  4. Aug 2021
    1. With these three examples, Danzigermakes the point that a historical analysis of thestructure of the psychological experimentitselfreminds us that there has never been such a thingasthepsychological experiment, or only one wayof doing research.

      Is this what the authors meant when they said to make US and European psychologies self-consciously aware that they are at the center?

    2. What Morawski’s analysis demonstrates is notthat reflexivity renders experimentation impos-sible in psychology but that an understandingof its effects is sometimes required to make ourinterpretations of psychological data more mean-ingful.

      This is helping me with understanding some of my conundrum with the problems of not being able to replicate lab results of psychology experiments in the real world. Perhaps if more studies consider Morawski's consideration of reflexivity it can better help us with interpreting the results of our experimental studies?

    3. Although theUnited States and Europe are often at the centerof our account, we attempt to make them self-consciously so, rather than assuming that thisform of psychology isthepsychology, or eventhat within this context psychologists adhere toone way of organizing and interpreting reality.

      Hmm.... what do the authors mean by "mak[ing] them self-consciously" aware that US and European Psychologies are at the center of their account of history? Would it be an attempt at drawing attention to why they become the center?

    1. What I don't understand is why you need to make it explicit? Given: function isBarAlsoFoo(obj: Bar): obj is Foo; Without resorting to any, how can we get any code to typecheck in which you pass an object that's not a Bar to isBarAlsoFoo()?
    1. For helium, there is approximately one isotope of Helium-3 for every one million isotopes of Helium-4, hence the average atomic mass is very close to 4 (4.002602).
      • Need more understanding on this
    1. But writing instruction in schools remains stagnant.

      Begs the question: why stagnant? and what do we mean by stagnant? like swamp water? These kinds of water are often the most full of life:turtles, single celled creatures, salamanders, leeches...

    1. In the world of Facebook, Twitter, Instagram and other quick strike information processes, why is there a definite lack of evidence of a steady upward progression of reading and writing skills among African American contributors?

      What kind of social media do you use?

  5. Jul 2021
    1. --load-info-json FILE JSON file containing the video information (created with the "--write- info-json" option)

      What is this used for?

  6. Jun 2021
    1. according to which in sexually desiring Y, X is attracted to the bodily, physical attributes of Y

      What are some potential arguments against this phenomenological pessimism about sex?

    1. A year before the Declaration of Independence, each one of my grandparents had an Ancestor who arrived in America. Some had been here for 3-4 generations, others were just arriving.

      Do you have any information about when your ancestors arrived in America? Can you trace your people this far back?

    1. 于是 Nginx 以及 Nginx 背后的应用就无法知道原始请求的真实来源。

      这里的真是ip是什么?tcp的ip?

    2. 而他们自己其实并不期望使用 content 阶段缺省运行的静态资源服务

      能禁止吗?

    1. Your attempt should work. There is a mismatch in column name in your query though. The query uses col2 but the table is defined with col1.

      I would actually lean towards making this a comment, at least the typo fix part. But if you remove the typo fix part, all that's left is "should work", which I guess should be a comment too since it's too short to be an answer.