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To: Oldpuppymax

a) John Marshall didn’t invent Judicial Review out of thin air, Alexander Hamilton mentions it in Federalist 78. He pointed out that it is implied in the Constitution.

b) The problem is not that the Supreme Court finds laws unconstitutional, it is that they do not find more unconstitutional.

c) All three branches of the government have overstepped their authority. If the people accept it, the blame rests on them.


5 posted on 09/06/2013 9:03:09 AM PDT by ALPAPilot
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To: ALPAPilot

But Federalist #78 doesn’t claim the power of judicial review resides solely with the courts. Should the states decide that a federal law is unconstitutional, regardless of whether the Supreme Court has passed on it or OKed it (Obamacare), they have every Constitutional right to refuse to allow it to be enforced within their boundaries. By the same token, the President has a responsibility to not sign bills he knows to be unconstitutional, and should not sign them just to see if the Supreme Court will invalidate them. And the Congress (yeah, fat chance) has a responsibility not to pass legislation it knows to be unconstitutional.


10 posted on 09/06/2013 2:18:42 PM PDT by Doug Loss
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