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Journal pudge's Journal: Senator Sessions 7

Journal by pudge

SEN. SESSIONS: Do you know where 'The power to sue is the power to destroy' came from?
JUDGE ROBERTS: I know where 'The power to *tax* is the power to destroy' came from ...

Sessions is self-referencing! STOP HIM!

Seriously, check it out, he says, "States can only be sued on grounds that they agree to be sued on, because the power to sue is the power to destroy. That is constitutional history." But he is the only one Google can find saying it, at all, ever, except for one guy on a discussion about file swapping. That's it. All those references on washingtonwatchdog.org, www.access.gpo.gov, and (obviously) sessions.senate.gov are his. Constitutional history?

Just ... dude.

This discussion was created by pudge (3605) for no Foes, but now has been archived. No new comments can be posted.

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Senator Sessions

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  • tend to be highly self-referential. Occupational hazzard I'd guess.
  • Stop it, Pudge!

    Just because YOU can't find it doesn't mean that Sessions is self referencing.

    I did a Lexis Nexis Law Review search of the phrase and found an artile from the Winter 2001 issue of the Georgetown Journal of Legal Ethics, by Associate Professor of Law at the University of Minnesota Law School, titled "Judicial Writing and the Ethics of the Judicial Office."

    That phrase is used in reference to the decision of the Supreme Court case of Alden vs. Maine (and similarities to McCullough v. Maryland).

    G
    • The phrase, "the power to destroy" appears in the McCullough v. Maryland decision.
    • You're missing the point. I wasn't saying Sessions is the only one to ever say it in history; I was saying that it is not -- as he said -- Constitutional history, as if it were, it surely would have shown up more.

      There are other reasons why it is not Constitutional history ...

      That phrase is used in reference to the decision of the Supreme Court case of Alden vs. Maine (and similarities to McCullough v. Maryland).

      But McCullough v. Maryland is NOT similar. Those have nothing to do with the power to sue. Th
      • My point is that there is an article in a prominent law journal produced by a university in Washington that includes THIS EXACT phrase with relation to these same cases BEFORE it was used by Sessions.

        Its not like I want to stand up in support of Sessions (a very conservative republican)... I am just stating that Google isn't the end-all be-all of research and that it is possible he picked up this exact phrase from somewhere else. He may beat it to death... but that's another issue.

        • My point is that there is an article in a prominent law journal produced by a university in Washington that includes THIS EXACT phrase with relation to these same cases BEFORE it was used by Sessions.

          Yes, but my point did not presuppose there wasn't. I did not imply the phrase originated with him, only that a. it is not longstanding Constitutional principle, and that b. he is the one who appears to have popularized it.

          I am just stating that Google isn't the end-all be-all of research

          Of course, which is why

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