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July 22, 2004

Questions as we branch out

I will have a lot to say in a series of posts about the Blakely work of each of the branches on Wednesday. But a few questions jumped to mind as I was reviewing the day's events:

1. What is the shortest period of time between a Supreme Court decision and the filing of a cert. petition in a subsequent case by the United States seeking clarification of the decision's meaning or reach? The SG's filings on Wednesday came only 27 days after Blakely was handed down. Is that some kind of a record? Where's the SCOTUS version of Tim Kurkjian when I need him?

2. How often does Congress pass joint resolutions and have they ever had any consequential legal impact? More specifically, has Congress ever previously passed a resolution to tell another branch of the federal government to do its job more quickly?

July 22, 2004 at 01:40 AM | Permalink

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Comments

Comment on question two: a Concurrent Resolution is different from a Joint Resolution. A Joint Resolution is often used to amend the constitution or accomplish other legislative functions different from a Bill. A Concurrent Resolution generally is a non-binding method for Congress to express their opinion about something. It is non-binding since it doesn’t go to the President.

Usually a legislator from the House or Senate will offer a Concurrent Resolution that condemns another country for human rights violations or to congratulate sports team X for winning the Super Bowl. It’s a way for members to express opinions without creating new legislation and happens all of the time. Here is a link that may better explain the different types of congressional action: http://thomas.loc.gov/home/lawsmade.bysec/formsofaction.html#joint

S.Con.Res. 130 appears to be the opinion of the major Senate Judiciary Committee members. I would guess that this is their official way to give a heads up to the Supreme Court about what they think needs to be done. Senator Hatch’s speech sums it up pretty well: http://www.congress.gov/cgi-bin/query/R?r108:FLD001:S58573

Posted by: MM | Jul 22, 2004 4:17:13 PM

Usually a legislator from the House or Senate will offer a Concurrent Resolution that condemns another

Posted by: Robe de Soirée 2013 | Dec 13, 2012 1:12:57 AM

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