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

To: Ed Current
SCOTUS only has the power of OPINION and needs the executive to enforce it.

So what's all the fuss about then? First we hear they've assumed all the power, then we hear they don't have any real power.

98 posted on 12/23/2004 1:39:47 PM PST by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
[ Post Reply | Private Reply | To 96 | View Replies ]


To: tacticalogic
Article. II.Clause 8: Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."


Nowhere in the Constitution is the President forced to preserve, protect and defend SCOTUS.

The Avalon Project : Federalist No 78 The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments. It proves incontestably, that the judiciary is beyond comparison the weakest of the three departments of power 1 The celebrated Montesquieu, speaking of them, says: "Of the three powers above mentioned, the judiciary is next to nothing.'' "Montesquieu: The Spirit of Laws.'' vol. i., page 186.

The Avalon Project : Federalist No 51 But it is not possible to give to each department an equal power of self-defense. In republican government, the legislative authority necessarily predominates


A majority opinion of SCOTUS isn't infallible anymore than the routine rants of the Ninth Circuit out West.

The President should review majority federal judicial opinions, just as the federal judiciary reviews everything that comes its way.

Judicial Dictatorship Everyone talks about the Supreme Court, but no one ever does anything about it.

101 posted on 12/23/2004 2:03:14 PM PST by Ed Current (U.S. Constitution, Article 3 has no constituency to break federal judicial tyranny)
[ Post Reply | Private Reply | To 98 | 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