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To: fortheDeclaration
... he held that the Executive branch did not have to submit to the Judical branch in every case

Is that similar to the states not having to comply with the Federal government in every case? Separation of powers, don't you know, ala the Kentucky and Virginia Resolutions.

1,531 posted on 11/27/2004 8:42:31 AM PST by rustbucket
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To: rustbucket
This is from Jackson'veto of the Bank

http://class.lls.edu/~manheimk/cl1/jackson.htm

It is maintained by the advocates of the bank that its constitutionality in all its features ought to be considered as settled by precedent and by the decision of the Supreme Court. To this conclusion I can not assent. Mere precedent is a dangerous source of authority, and should not be regarded as deciding questions of constitutional power except where the acquiescence of the people and the States can be considered as well settled. So far from this being the case on this subject, an argument against the bank might be based on precedent. One Congress, in 1791, decided in favor. Prior to the present Congress, therefore, the precedents drawn from that source were equal. If we resort to the States, the expression of legislative, judicial, and executive opinions against the bank have been probably to those in its favor as 4 to 1. There is nothing in precedent, therefore which, if its authority were admitted, ought to weigh in favor of the act before me.

If the opinion of the Supreme Court covered the whole ground of this act, it ought not to control the coordinate authorities of this Government. The Congress, the Executive, and the Court must each for itself be guided by its own opinion of the Constitution. Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others. It is as much the duty of the House of Representatives, of the Senate, and of the President to decide upon the constitutionality of any bill or resolution which may be presented to them for passage or approval as it is of the supreme judges when it may be brought before them for judicial decision. The opinion of the judges has no more authority over Congress than the opinion of Congress has over the judges, and on that point the President is independent of both. The authority of the Supreme Court must not, therefore, be permitted to control the Congress or the Executive when acting in their legislative capacities, but to have only such influences the force of their reasoning may deserve.

As for separation of powers, we call that Federalism

1,532 posted on 11/27/2004 8:54:39 AM PST by fortheDeclaration
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