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The Idea that "we are a nation of law instead a a nation of men" (so to keep the power of men in check), sounds good only if it is implemented by people with great morality's of good intent, but if some how the law becomes more important than mankind then the opinion that we are a nation of "Laws instead of men" becomes the most destructive force in undermining the original intent of the constitution. Thereby the interpretations of the "opinion of Justice Marshall" becomes more confusing to the "Law" than it would have been without an opinion!
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Who does the US Constitution delegate police powers mainly to?
The U.S. Constitution does not delegate police powers. The power of police departments are defined at the town, county, and state levels, not at a federal level. The powers of federal police forces like the U.S. Marshalls are defined in law by Congress, but these are not defined in the Constitution. The U.S. Constitution does cover military/war powers of the United States Government. The only time the Constitution may impact the power of police is when it comes to obeying federal laws. The U.S. Constitution specifically defines that federal law is "law of the land", meaning that federal ALWAYS supersedes local and state law.
What was Thurgood Marshalls opinion in Texas v. Johnson?
Texas v. Johnson, 491 US 397 (1989)Justice Thurgood Marshall voted with the majority that Johnson's right to burn the flag during a peaceful protest was protected under the First Amendment as expressive speech, overturning the Texas Venerable Objects Law under which Johnson had been convicted. Marshall did not have a published opinion or make a public statement about the case, however. He signed the opinion of the Court, authored by Justice William J. Brennan, Jr.For JohnsonJustice William J. Brennan, Jr. (opinion of the Court)Justice Thurgood MarshallJustice Harry BlackmunJustice Antonin ScaliaJustice Anthony Kennedy (wrote a concurring opinion)For TexasChief Justice William J. Rehnquist (wrote a dissent)Justice Byron WhiteJustice Sandra Day O'ConnorJustice John Paul Stevens (wrote a dissent)
