back and forth...

Im trying to decide what to write. I think i have blog block. You know what I just don't get...

Why I always save everything to the last minute. I am totally exhausted but I still have 5 minutes until my clothes are done in the laundry. Then I have to finish packing for Chicago.

I still haven't read for Con Law tomorrow. I tried. But the case is from 1816. Seriously. It took place in Virginia (my home state). That's all I got.

Ok, so right away - in the first sentence of the case, "he willed his land to a british subject" - I'm thinking... but isn't that illegal to will your land to a foreigner. But I guess not depending on which law you take as the first immigration law. I dont think the Alien and Sedition Acts of 1789 would apply here. Anyways, not the issue... I will read on...

I give up. I will see what OYEZ has to say...

Lord Fairfax held land in Virginia. He was a Loyalist and fled to England during the Revolution. He died in 1781 and left the land to his nephew, Denny Martin, who was a British subject. The following year, the Virginia legislature voided the original land grant and transferred the land back to Virginia. Virginia granted a portion of this land to David Hunter. The Jay Treaty seemed to make clear that Lord Fairfax was entitled to the property. The Supreme Court declared that Fairfax was so entitled, but the Virginia courts, where the suit arose, refused to follow the Supreme Court's decision.

Ah. It's all so clear. Except the part where they say "Acting for the purchasers of the Fairfax estate, John Marshall, then a member of the Virginia legislature..." WTF?

John Marshall was Chief Justice when this case was decided. They talk about him in this case and in the Marbury case as if he were some stranger 3rd party.

Also, this just proves my point that all the cases we read are about rich people with rich peoples problems, because Marshall is not only deciding the cases, but he is a party in them. Was there really only 5 people in Virginia way back then? Why does Marshall keep coming up in the facts of the case?

Ok. i think my laundry is done.