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To: churchillbuff
Do you think that an executive is permitted under our constitution to defy a court order in a specific case? Is everything up for grabs as to the executive's whim? You have to think about what you are saying in universalizable terms, that is, other cases.

I know what we all want, but responsibility requires cool consideration.

172 posted on 03/26/2005 5:34:01 PM PST by ontos-on
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To: ontos-on

ontos-on wrote:


Do you think that an executive is permitted under our constitution to defy a court order in a specific case?
Is everything up for grabs as to the executive's whim?


______________________________________



The Chief Executive of a State, [or of the Nation,] has a sworn duty to support the US Constitution.

Marshall, in his 1803 Marbury decision, - put it well. He wrote:

" --- By the constitution of the United States, the President is invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience. ----
--- But when the legislature proceeds to impose on that officer other duties; when he is directed peremptorily to perform certain acts; when the rights of individuals are dependent on the performance of those acts; he is so far the officer of the law; is amenable to the laws for his conduct; and cannot at his discretion sport away the vested rights of others. --- "





In Marbury vs Madison Jefferson Saw the Beginning of Judicial Tyranny
Address:http://www.freerepublic.com/focus/f-news/1368285/posts


192 posted on 03/26/2005 8:21:02 PM PST by P_A_I
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