doesn't have bringing mshal lpinions that can be quoted int the way that john marshall does. but if you actually look at whaa the jay court did come and help to lay the foundations for what the marshall court and later courts did.te clear in particular, the justices wero quite clear that part of their goal was to review both federal, and state statutes against theor constitution and not in force or declare unconstitutional those which were contrary to theo constitution here at the justices also established several precedents that area indeedr cited today on questions of -- the supreme court will not answer abstract questions.l it will make the site concretes cases and controversy that the, supreme court and other federal. courts will, if at all possible, avoid political questions. much of the work of jay and hiss colleagues was not in the supreme courct as such. it was writing from place to ri place ad circuit justices. the three levels that we know today in the federal court coure system, supreme court were thero from the outside.se there was no separate staff for thera circu

there's john marshall. jim: the san diego time-out. another run by bush for two.t, san diego. so while they take a time-out here, we go to new york for an update. james brown? james: reggie wayne of indianapolis with five clutch catches on this scoring drive. sets up a second and goal. james takes it across for the score. colts with 2 1/4-quarter points to tie it up. it's now in overtime. jim nantz and dan fouts. jim: all right, james, thank you. a wild one there. tonight on cbs it's all new beginning with "60 minutes" followed by new episodes of "the amazing race" "undercover boss," and "csi: miami." tonight, only cbs. so the chargers have one time-out remaining. oakland will have a third and four coming out of the huddle here at 2:43. bush for a third straight carry. has the fist -- first. to all but put this game away. only one time-out again for san diego and a new set of downs for the raiders. the raiders have not won here since december of 2002. it was a super bowl season for them. charlie garner scoring there. zach crockett. tyrone wheatley. rich gannon was

john marshal joins us. >> betty, we're just trying to stay warm.eople from the south came up to the city, obvious reasons. where are you from? >> texas. >> texas. we've got a family from? >> jacksonville, florida. >> i love your earmuffs. what are they? >> he'lly kitty earmuffs. >> your dad is building a toy set inside, isn't he? >> yes. >> you're going to have to cope with the cold for a couple of more days. i don't know when you're leaving but it's going to be like this for a while. get used to it. let's look at the forecast. basically we have a storm system over the northeast that's giving us cold winds and scattered snow >>> this weather report sponsored by macy's. >>> now let's go back inside to russ. >> thank you very much. up next, how long do you keep the new year's resolutions before giving up? we'll show you the tricks to making them stick. this is the "early show" on cbs. come on! wait for me! there it is. ah! hurry up. you're heavy. are you sure these letters will get to santa? yes, of course. hold still. almost there. a little bit high

john marshall has a look at it. welcome to you. >> thank you so much, betty. eclipse spectacular. a lot of the country saw the beautiful stellar skies. >> fantastic. >> it was. right now, dealing with temperatures that are below average and southern california >> that's a latest weather. now back over to rebecca. >> thank you, john. >>> a frightening on stage accident last night for the broadway musical "spiderman." in the show's final scene, an actor plummeted 30 feet to the ground. problems. cbs news correspondent elaine quijano in times square with the latest. >> reporter: good morning to you, this is the biggest, most expensive production in broadway history and also appears to be one of the most troubled. ♪ it's the show that has broadway buzzing but for all the wrong reasons. in the closing minutes of monday night's performance, "spiderman: turn aft dark" once again stunned the audience. an actor took a terrible fall. it's believed one of the tethers broke and fell more than 30 feet to the pit below. it's just the latest in a string of accidents and injuries that have plague

john marshall of wcbs has a fine check of the weather.re in a new film about an oversized hero, jack blank and jason segel teamed up on a 3d movie based on "gulliver's travels" with a modern prince. >> how sees it going? >> if things go well, within two to four years she may dare to speak to me. >> whoa, whoa, whoa, hold your horses. >> thank god, hold you. >> you can't woo a lady hoping to dane she will speak to you. you have to plan grade acortage. >> speak to me, this courtage that you speak. >> yeah, i could teach you some of my moves. >> yes! thank you. >> if you beat me back home. >> give me a head start. >> on your mark, get set, go. >> good morning, thanks for coming in. >> top of the morning to you. >> you guys are pals from way back, right, back when were you "heroes" jason. >> jack was very kind to me, he gave me my first writing job when i was like 19 years old. >> yeah? you can't really take credit for discovering the brilliant young jason segel. it was [ inaudible ] that gave you your first acting gig. >> gave me my first ac

to the protection of states' rights did not protect state sovereignty, and within a few years john marshall and the supreme court stripped the states of what sovereignty they had left and eventually the civil war did the rest of it. >> how far along was the process before this all the pool of jefferson? was and he kind of in the opposition early on and then eventually yeah, he tried to straddle the fence, and he wrote a famous letter, he was then ambassador to france, and he wrote a letter i think it was to washington but i forgot that he wrote a famous letter saying if he were in america he would approve -- he would encourage nine of the states to improve the constitution and four of them to refuse until passage of the bill of rights. so he was neither for or against >> for more on the author harlow unger and his work, visit harlowgilesungr.com. here is a portion of one of our programs. >> the reason i felt it was important to do a book and say because that is what it is, of the obama administration is because i think it's extremely important for progressive people not to create too many i

and within a few years, john marshall and the supreme court stiped the states with what sovereignty they had left, and the civil war did the rest of it. >> how far along with the process before they sought to pull jefferson on board? wasn't he in the opposition early on, and then eventually -- >> yeah, he tried to straddle the fence. and he wrote a famous letter saying if he was -- he was then ambassador to france. and he wrote a letter to the -- i think it was to washington, i have forgetten. he wrote a famous letter saying if he was an american, he would approve and encourage nine of the states to approve the constitution and four of them to refuse until passage of a bill of rights. so he was neither for nor against. he flip-flopped. >> for more on author harlow unger and his work, visit harlowgilesunger.com. >> john dower is the author of "cultures of war war: pearl har, hiroshima, 9/11, and iraq." professor dower, what's the similarity between pearl harbor and 9/11? >> well, that's where the book began when 9/11 happened. headlines all over the u.s. said day of infanmy, some of them

there was a famous portrait of john marshall in one of the meeting rooms. as a slogan, amado under the portrait is half of a famous latin proverb and the broader averages "let justice be done and the world parish." but the american painter dropped part of it and he took a picture of the justice of the supreme court was -- and said, "let justice be done." this american belief of, let's go ahead, let's fix things and everything will be fine, have to say i worry about afghanistan, about iraq. i'm not so sure that everything was completely misguided in our response. in other words, i think that is perfectly clear to me that unless one is prepared to fall bought on a clash of civilizations' analysis -- fall back on a clash of civilizations analysis, which i think is a kind of bigotry, and believe that islamic societies just cannot do it, in which case the jewish state, certainly, but also americans and others, are condemning themselves to a pessimistic siege mentality. unless one is prepared to fall back on that, i think the basic idea, the faith, the democratic

john howard lawson was one of the ten. albert mulz, albert bessi. i got some of frank marshall's weekly come lums he wrote from 1949-1950 which was the communist party usa organ in hawaii. i got it through the help of two tremendous groups of college students. one found them online, and the other who is actually in hawaii, and i'm amazed is here today. i'll keep it secret, i promise. she went into a library of the university of hawaii and got the columns, hard copies. who you see -- what you see here reading davis' columns is just how anti-american the communist party was in the united states in the latter 40s. who is president in the united states after world war ii? harry truman. what party? democrat. he was the enemy. they mercilessly salve rajed truman. davis took him apart and turned him into a demon in these articles. colonialists, impure yal lists, ray cyst monsters were tru truman. february 9, 1950 piece. he shows the line of portraying harry tru man as a butcher. harry truman dropped the bomb to avoid a land invasion that would have been joined by not just american and b

one thing that john marshall said in his argument about the commerce clause with that the enumeration of these three different commerce clauses implies that there is something that congress can't reach. the commerce clause that you read has its limits. this case is about if there are limits left of the commerce clause. host: going back to when the bill was passed, when people say one vote does not matter, scott brown became the center for the massachusetts and the language in the health care bill changed to get support that was not there originally. can you comment on that? guest: i think that is exactly correct. the senate bill which became the bulk of the final statute was passed at the end of 2009. that was before scott brown was elected. it was not altered in order to pass. host: let me ask you about taxes obverses penalty which became part of the language in the debate guest:. it was always under stood by constitutional experts that the individual mandate that was a requirement that most americans who can afford could carry health insurance could be justified as an exercise of th

national government was given extraordinary authority over all of the western land, over what to john marshall was to call all of the external commerce and a not-to considerable portion of the commerce of the nation. it was an awful amount of power, going way beyond anything anyone had imagined, except perhaps madison sitting alone in his study inhe winter of 1785. going on beyond anything anyone would have imagined in this convention. the president w created, not beench as a manager as had perceived in the early days of a convention. there is no even paint -- there's not even need to stress that in the constitution. by the end, they wanted a strong and independent branch of government. and you have a president that is his own constitutional officer, not an employee, not a staffer. that has led the president to make and had the obligation to make their own determination of congress. of this, ever-present has to interpret the -- obviously, every president has to interpret the constitution. a president, in the absence of a cut military judgment, has to make his own judgments about how discipline

national government was given extraordinary authority over all of the western land, over what to john marshall was to call all of the external commerce and a not-to considerable portion of the commerce of the nation. it was an awful amount of power, going way beyond anything anyone had imagined, except perhaps madison sitting alone in his study in the winter of 1785. going on beyond anything anyone would have imagined in this convention. the president was created, not beench as a manager as had perceived in the early days of a convention. there is no even paint -- there's not even need to stress that in the constitution. by the end, they wanted a strong and independent branch of government. and you have a president that is his own constitutional officer, not an employee, not a staffer. that has led the president to make and had the obligation to make their own determination of congress. of this, ever-present has to interpret the -- obviously, every president has to interpret the constitution. a president, in the absence of a cut military judgment, has to make his own judgments about how discip

chief justice john marshall talked about the power to tax and the power to destroy. it is an enormously powerful tool for congress to do good or and a lot of times it is unclear what they are accomplishing. the caller mentioned that about 50% of people do not pay tax. it is actually to income tax. they do not paid in -- they do not pay payroll tax like social security and medicare. in reality, the issue here is very clear that these micro targeted provisions, like some of which are in this extended package, but others are literally across the code and even others that were in how the 2001 or the 2003 tax bills, things like, the marriage penalty relief or the child care tax credit, these are targeting -- for instance, there is a tax credit for having a kid. is someone going to have a kid based on the tax credit? i certainly hope not. but the question of why we are doing targeted provisions throughout the code, supposedly we are promoting home ownership through the home mortgage interest deduction, but really can't have a little higher interest rate than the united sta

specifically at talk about john dewey, frank marshall davis and ted kennedy. there are a lot of other people to talk about as well including actors and all kinds of people in hollywood. humphrey bogart who i talk about in this book. but also as i know in the appendix i found bogart in the communist party archives in the soviet commissary and look at that very carefully as weather that could be humphrey bogart. that is something we could talk about during the q&a. but first on why i did this, three component. scholarship, partisanship and the issue of redemption. scholarship, i noticed nobody had ever done a book on the role of paul kengor in american history. in fact, did a search on the term and two or three books in the library of congress have a word in the title and yet it is a word that goes back to the founding of the republic itself. you would be surprised that george washington used the word paul kengor in his farewell address. he has been warning about its is the founding of the republic. adam smith was around at the time of the founding. adam smith i

john marshall in a very important decision in 1819 said that the important thing about the constitutionat iit is designed to endure. but the second part of your question i also think is equally important because i also think there are parts of the constitution that are not subject to ratification without ford -- formal amendment. -- not subject to adaptation without formal amendment. host: next phone call, los angeles, go ahead, independent line. caller: you talk about the founding fathers. here in this system that was started, the founding fathers, they had slaves. but we had a dual system here where the economics and the thing of wanting to do what -- what is right. you have racism and slavery. you want to get the cheapest amount -- you know, get it done for the least amount. and this husband embedded -- this has been imbedded into the fabric of america now with getting cheaper workers. we ought to look at the constitution where they had africans as three-fourths of a human being. and the minds of the people that founded this country, they were going to be good to themselves. host: ok

there is a famous old portrait of john marshall in the meeting room, and it's painted, and as a sloughganf of a famous latin proverb which everyone knows is let justice be done in the world. except what the american painter did was drop some of it. he did a picture of the chief justice of the stream court and said let justice be done. what was a tragic warning about the consequences of grand historical action is transformed into a belief, this can-do, let's fix things and everything will be finement i think you're right. i have to say i worry about many, about afghanistan, about iraq. i'm not so sure that everything was completely misguided in our response. in other words, i think that it is perfectly clear to me that unless one is prepared to fall back on a clash of civilizations analysis which i think amounts to a kind of bigotry actually, a kind of essentialism and believe that, in fact, if our society just can't do it in which case the jewish state certainly, but also americans and others are condemning themselves to a pessimistic siege mentality. unless they are prepared to fall back

to understand language based on the constitution, based on the famous case with chief justice john marshallstand. this is not within the ambit and the power of the united states government and what he also said, basically, is he uncovered this deception that somehow it was a tax. he said it's a fine. and he said point me to one area in american life, one area in american life where we've used a fine in this way. >> no kidding. >> you cannot use a fine for the general welfare and the fine is not a necessary and proper execution of the foregoing powers of the constitution. great opinion. people have to read this. this is the dream of the tea party and this is the dream of a lot of lawyers and a lot of americans who say the constitution means something. >> all right. peter johnson, thanks for explaining it to us. >> good to see you. be well. >> all right, sir. straight ahead on this tuesday morning, gitmo detainees taking their case to the supreme court in hopes of getting sprung. what does america's mayor think about it? rudy giuliani joins us on the couch in 20 minutes. and don't get stuck i

. >> stepping into the role made famous by john wayne, bridges plays a marshall helping the young girl find the man who murdered her father. jack black takes on the biggest role of his career in gulliver's travel travels. he awakes a giant among men on an island. >>> gwyneth paltrow is a country singing sensation in country strong. she plays a former star just out of rehab trying to make a comeback. her husband played by tim mcgraw may have his work cut out for him. that's the box office preview. >>> as you're hitting the roads tonight you may notice the highest gas prices in more than two years, the average price of gas is 3.34, that's up about 70% from december of 2008. remember that, when gas fell to about $2 a gallon way back when? that was partly due to the economic downturn. one cab driver says he's definitely noticed the change. >> i fill up the gas, it's $35. in the last three weeks, it's weird, i put up $50, $60. it's too much money. >> of course, we're still from the peak price of gas in the summer of 2008. here's a look at the prices as of this morning. san francisco the ave

there is a famous old portrait of john marshall

john wayne. at this top u.s. marshal, this template around by jeff bridges. he helps the stuttgart stubborn young woman track down her father's murder just after the civil war. others want cheney's head as well. rated pg-13. finally the comedy little fokkers a speeding out true grit the box office right now, this time it's a test of wills between jack burns and his son-in-law greg. the story picks up 10 years later greg and his wife now have two kids, gregg takes a job moonlighting for drug company. pam sex also comes in as the picture that's up to greet a project that he's the real man of the house. little fokkers rated pg-13. stay with us your full forecast is next with this live look outside at sfo where it is certainly break. apparently there's some 15 met delays in effect at this hour. will be back. learning warmer, understanding more having yogurt generations teaching. we're back at 8:44 a.m. with a live look outside at the golden gate bridge of looks bright and shiny not to much greater out there on this not much traffic either. let's check in with bri

later, john marshall, the future chief justice was a delegate at that convention looked back and said robert van did a pretty good job with those delicate bouquet while organized presentations and spoke very articulately. he had a big problem. the convention wouldn't give him any preferred seating. and the federal convention, madison just went and took notes in the front row so he was between the delegates in washington and he could hear everything i suppose. and some people gave him copies of their speeches. poor robertson was up in a gallery with people shuffling in and out. it was very hot in the summer of 1788 in richmond, virginia and he couldn't hear everything. marshall said he allowed the trouble with people like alanis james madison who had a very weak speaking voice. he added -- marshall added that nobody could have captured the torrid words from patrick henry, although i have to say he did rather well. if you read his accounts, i think you can sense both the power of henry's oratory and it's in cohesion. not a good track, a wonderful trip. if it wasn't for his heroic effort

chief justice john marshall talked about the power to tax and the power to destroy. it is an enormously powerful tool for congress to do good or and a lot of times it is unclear what they are accomplishing. the caller mentioned that about 50% of people do not pay tax. it is actually to income tax. they do not paid in -- they do not pay payroll tax like social security and medicare. in reality, the issue here is very clear that these micro targeted provisions, like some of which are in this extended package, but others are literally across the code and even others that were in how the 2001 or the 2003 tax bills, things like, the marriage penalty relief or the child care tax credit, these are targeting -- for instance, there is a tax credit for having a kid. is someone going to have a kid based on the tax credit? i certainly hope not. but the question of why we are doing targeted provisions throughout the code, supposedly we are promoting home ownership through the home mortgage interest deduction, but really can't have a little higher interest rate than the united sta

john howard lawson was one of the hollywood 10. card number 47275. albert maltz, 47196. 46836. i got some of frank marshall -- i got all of frank marshall davis' columns, weekly columns that he wrote for the honolulu record from 1949-1950, which was the communist party u.s.a. organization in hawaii. and i got into the help of true -- through the help of college student at one time online and one action is in hawaii. i'm amazed is here today. i won't -- i will keep it secret, i promise, but she wouldn't elaborate in the universe fy, gothic columns on microfiche. actual hardcopy. but what you see here reading davises columns was just how anti-american communist party was in need of states in the latter 1940s. who was present after world war ii? harry truman. what party? democrat. so he was the enemy. so they mercilessly savaged harry truman. davis just took them apart. david stern harry truman into a demon. in these articles. alone will us, imperialist, fascist, racist, monsters were truman, george marshall, you name it. examples, victory ninth, 1950, here dave is really does the soviet and the congress part

john. i have to think that you have to go all the way back to 1948 when harry truman was threatened with a resignation possibly by marshal and truman might have lost the election due to that but the armed forces are the most magnitude. i was in the room with president clinton made this decision back in 1993. very late at night. over a dozen of us in a circle. how do you vote? 11 to 1 for don't ask, don't tell. the person that really wanted the repeal all together was al gore. but he lost. i think everybody in that room today would say, it's time to repeal this. and it's the right thing to do and thank goodness for joe lieberman. he deserves a lot of credit for this. >> so why, alex, is it so hard for senate republicans to do this? >> because some think it's going to weaken the armed forces and because it's a social issue. the base of the republican party thinks that it's an opening for gay rights. however, republicans have hidden behind a wall for a long time and that wall is, well, we will defer to the military. thinking that will never happen. guess what, the wall has gotten so short now that they can't hide behind it