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To: Dahlseide
"The seed that grew into the overthrow of the Constitution was planted by Marshall in Marbury v Madison when the other branches, & citizens, allowed him to rule that the SCOTUS was the final adjudicator of the Constitutionality of law. Not so bad so long as the SCOTUS ruled by the clear meaning of the Congress."

Now, there's a perfect example of utter nonsense.

You advocate tyranny by unchallenged Congressional decree.

In your interpretation of the constitutional concept of three equal branches of government, the Judicial branch is subservient to the Legislative, and by extent, the Executive branch would then become Congress's deaf, dumb, and blind enforcer, for if the Judicial branch lacks the power to challenge Congressional decrees, the Executive would likewise be powerless to veto.

Nonsense.

192 posted on 10/26/2003 6:54:56 AM PST by Luis Gonzalez (Those who think they know, really piss off those of us who truly do.)
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To: Luis Gonzalez
Dahlseide in part:

"The seed that grew into the overthrow of the Constitution was planted by Marshall in Marbury v Madison when the other branches, & citizens, allowed him to rule that the SCOTUS was the final adjudicator of the Constitutionality of law. Not so bad so long as the SCOTUS ruled by the clear meaning of the Congress."

Luis in reply: Now, there's a perfect example of utter nonsense.

Dahlseide: I assume your rational follows, you think it's nonsense I do not

Luis: You advocate tyranny by unchallenged Congressional decree.

Dahlseide: How so?

Luis: In your interpretation of the constitutional concept of three equal branches of government, the Judicial branch is subservient to the Legislative, and by extent, the Executive branch would then become Congress's deaf, dumb, and blind enforcer, for if the Judicial branch lacks the power to challenge Congressional decrees, the Executive would likewise be powerless to veto.

Dahlseide: I fail to understand how you could interpret my reference to coequal could mean that I mean the other two are, in your words, subservient. All three branches are to be subservient to the Constitution; no branch is to be subservient to another branch. Please don't put words in my mouth. Each branch is duty bound, at least in principle if not in fact, to uphold the Constitution. As it now stands two branches are, in many respects, subservient to the federal judicial.

Marshall, in Marbury v Madison, is purported to have said "It is most emphatically the province and duty of the judicial department to say what the law is".

Now a few years later we have the right to abortion cloaked in the penumbra of the Constitution. All of this, IMHO even though I don't feel humble on this subject, due to not following Washington's warning about precedent.

Luis: Nonsense.

Dahlseide:I doubt if I've changed any minds, but I have learned that we both can spell nonsense.

193 posted on 10/26/2003 6:06:57 PM PST by Dahlseide (I am a single issue voter, I vote pro-life from dog-catcher to President)
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