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

To: verity
I believe the Judiciary has the final say in existing law.

Substitue "sedition law" for whatever you think is appropriate in this case.


Thomas Jefferson to Abigail Smith Adams

Monticello, Sep 11, '04

"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 checks 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."

240 posted on 03/23/2005 5:22:03 PM PST by michigander (The Constitution only guarantees the right to pursue happiness. You have to catch it yourself.)
[ Post Reply | Private Reply | To 231 | View Replies ]


To: michigander
"Substitue "sedition law"

I'll see you in the morning because I must go figure out how to do that.

266 posted on 03/23/2005 5:29:23 PM PST by verity (The Liberal Media and the ACLU are America's Enemies)
[ Post Reply | Private Reply | To 240 | 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