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Until you can get a judge to throw out an indictment on those grounds, it just doesn’t matter.
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"Every body of men invested with office are tenacious of power; they feel interested; and hence it has become a kind of maxim, to hand down their offices, with all its rights and privileges, unimpared to their successors; the same principle will influence them to extend their power, and increase their rights, this of itself will operate strongly upon the courts to give such a meaning to the constitution in all cases where it can possibly be done, as will enlarge the sphere of their own authority. Every extension of the power of the general legislature, as well as of the judicial powers, will increase the powers of the courts; and the dignity and importance of the judges, will be in proportion to the extent and magnitude of the powers they exercise."
there is much more but modern day attention spans can't wrap minds around so much at one time.