Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Who is John Galt?
More Jefferson:

"You seem to think it devolved on the judges to decide on the validity of the sedition law. But nothing in the Constitution has given them a right to decide for the Executive, more than to the Executive to decide for them. Both magistracies are equally independent in the sphere of action assigned to them. The judges, believing the law constitutional, had a right to pass a sentence of fine and imprisonment; because that power was placed in their hands by the Constitution. But the Executive, believing the law to be unconstitutional, was bound to remit the execution of it; because that power has been confided to him by the Constitution. That instrument meant that its co-ordinate branches should be cheeks on each other. But the opinion which gives to the judges the right to decide what laws are constitutional, and what not, not only for themselves in their own sphere of action, but for the Legislature & Executive also, in their spheres, would make the judiciary a despotic branch."

1,489 posted on 12/10/2003 4:01:33 PM PST by michigander
[ Post Reply | Private Reply | To 1479 | View Replies ]


To: michigander
"...would make the judiciary a despotic branch."

Thank you...

;>)

1,497 posted on 12/10/2003 4:15:48 PM PST by Who is John Galt? ("Quis custodiet ipsos custodes?")
[ Post Reply | Private Reply | To 1489 | View Replies ]

To: michigander
But nothing in the Constitution has given them a right to decide for the Executive, more than to the Executive to decide for them

Bush can either cooperate with the courts or he can choose to ignore their ruling. It will be interesting to see which tact he takes.

I'm hoping he chooses the later and refuses to investigate allegations.

1,498 posted on 12/10/2003 4:16:26 PM PST by Amerigomag
[ Post Reply | Private Reply | To 1489 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson