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To: CzarNicky
The federal courts were to try cases between the states and between the federal govt and the states. The leviathan they have become is not a part of their constitutional mandate.

What branch of our government is empowered with deciding the Constitutionality of a law?

73 posted on 03/28/2005 10:24:32 AM PST by Modernman ("They're not people, they're hippies!"- Cartman)
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To: Modernman

the supreme court. as created by the constitution.

the lower courts -- every federal court except for the supreme court was created by CONGRESS.

every constitutional question of law is supposed to be decided by the supreme court. that does not include emanating or penumbras. read article III. it really is quite limiting. if only congress would read it too.


75 posted on 03/28/2005 10:33:54 AM PST by ConservativeGadfly
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To: Modernman

Congress


76 posted on 03/28/2005 10:34:39 AM PST by CzarNicky (The problem with bad ideas is that they seemed like good ideas at the time.)
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To: Modernman
What branch of our government is empowered with deciding the Constitutionality of a law?

All of them, and none of them. All were to only act in a Constitutional manner, none were given a mandate to ram their interpretation down the throats of the others. All the powers delegated to the Federal government are explicitly laid out in the Constitution. (The 10th amendment made that part of the Constitution). I can't find any power to "interpret" the Constitution, nor any mention of a "living document", other than Art V, which lays out the procedure for amending the Constitution. Nothing in Article V about the Supreme Court or any other court doing it on their own.

121 posted on 03/28/2005 4:43:20 PM PST by El Gato (Activist Judges can twist the Constitution into anything they want ... or so they think.)
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