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To: capitan_refugio; nolu chan
[cr quoting Farber] and partly because the rule of law in not an inflexible concept.

Sorry, I quit reading after this... was there anything worthwhile in the rest of the passage?

Is this the sort of thing that California Conservatives buy into?

2,033 posted on 12/02/2004 5:26:29 AM PST by Gianni
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To: Gianni
"Is this the sort of thing that California Conservatives buy into?"

It is something any conservative should remember about crisis situations. The ultimate goal is the preservation of the peoples' liberties and of the Union.

2,051 posted on 12/02/2004 8:15:18 AM PST by capitan_refugio
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To: Gianni; capitan_refugio
SOURCE: Antonin Scalia, dissenting in Morrison v. Olson, 487 U.S. 654 (1988)

It is the proud boast of our democracy that we have "a government of laws and not of men." Many Americans are familiar with that phrase; not many know its derivation. It comes from Part the First, Article XXX, of the Massachusetts Constitution of 1780, which reads in full as follows:

"In the government of this Commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: The executive shall never exercise the legislative and judicial powers, or either of them: The judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men."

The Framers of the Federal Constitution similarly viewed the principle of separation of powers as the absolutely central guarantee of a just Government. In No. 47 of The Federalist, Madison wrote that "[n]o political truth is certainly of greater intrinsic value, or is stamped with the authority of more enlightened patrons of liberty." The Federalist No. 47, p. 301 (C. Rossiter ed. 1961) (hereinafter Federalist). Without a secure structure of separated powers, our Bill of Rights would be worthless, as are the bills of rights of many nations of the world that have adopted, or even improved upon, the mere words of ours.


2,165 posted on 12/03/2004 12:30:27 AM PST by nolu chan
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