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To: RecoveringPaulisto
Thomas Jefferson simply had Congress rescind the law and he fired all the judges.

What kind of tyranny was that?

Sounds like to me Jefferson had his ear to the ground and found out the people had lost confidence in the courts.

Just like any democratic body, a loss of confidence should result in a replacement of the government ~ and the courts are part of the government. Think of them as a pre-regulatory Executive Branch covered by Civil Service laws ~ you cut of the funds they go away.

37 posted on 11/25/2011 7:14:55 PM PST by muawiyah
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To: muawiyah

What happened thereafter? Oh, yeah, that’s right, we had Marbury v. Madison which asserted the principle of judicial review in the context of the Federal courts. This was not an unprecedented seizure of power on the part of the Supreme Court; it was, rather, an assertion of the common law and the implicit authority the Supreme Court has to interpret the law, including when two laws conflict which is to prevail.

Another character in history did the same thing: King George III. In point of fact, it’s a grievance against him in our Declaration of Independence. We cannot have a situation where judges can be removed at will in the normal course of events. What you are suggesting is that Congress should have the right to revolution if it so desires, simply by firing all the judges. Don’t get angry when some future Democrat Congress does it right back to you, which is bound to happen at some point.


43 posted on 11/25/2011 7:22:32 PM PST by RecoveringPaulisto
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