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The result would be a Senate with a better chance of fulfilling its constitutional duties.
Yesterday's decision, written by Chief Judge Judith Kaye, was a defeat for the administration of Gov. George Pataki, which argued at one point that the state was fulfilling its constitutional responsibility by providing poor children with the equivalent of an eighth grade education.
It is our collective responsibility to ensure that each branch of government is capable of fulfilling its constitutional obligations.
As a consequence of this misunderstanding, he ends up advocating an approach to judicial review that prevents the judiciary from fulfilling its constitutional role.
Cautioned Sen. Patrick Leahy, senior Democrat on the Senate Judiciary Committee, "It should be alarming to anyone who cares about the fair administration of justice, and the integrity of America's judiciary, that some Republicans are already seeking to undermine the outcome of the upcoming election and further prevent our independent judiciary from fulfilling its constitutional role".
Despite the thankless nature of the work -- the sometimes-belligerent clients, the bereft victims, the harsh society -- the system simply wouldn't work if "Gideon's army" wasn't always alert and at the ready, fulfilling its constitutional duty and ensuring that prosecution does not turn into persecution.
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In one filing, the state argues that by appointing lawyers it fulfills its constitutional obligations.
The state also argues that it fulfills its constitutional duty by appointing lawyers, and court consideration of the adequacy of legal representation should be confined to individual post-conviction appeals.
But when that verdict is given, it should be recalled that, after a shaky start, parliament gave the matter due and dutiful consideration; that it fulfilled its constitutional function properly and, for the most part, with civil propriety.
New York State was similarly appalling in arguing recently that it could fulfill its constitutional duty by teaching students to read at the eighth-grade level.
Senators should look to reforming the rules of the Senate so that it can fulfill its constitutional obligation to "advise and consent" to judicial nominations.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com