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To: Keyes2000mt

Federalist 78 by Alexander Hamilton (one of the drafters of the U.S. Constitution) makes it plain that the Judiciary can only exercise judgment, and is powerless to execute its judgments without the support of the Executive Branch.

Gov. Bush has the authority to remove Terri, but he is not exercising it because he fears the fallout.


8 posted on 03/28/2005 12:22:37 PM PST by tomahawk (http://tomahawkblog.blogspot.com/)
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To: tomahawk
The most notable clash between the Executive and Judicial brances occurred over the Indian Removal Act in which the Cherokee Nation was forceably displaced from their lands in Georgia. The Cherokee Nation fought the law by challenging it in the Supreme Court.

In Cherokee Nation vs. Georgia (1831), the Supreme Court refused to hear the case on the basis that the Cherokee Nation did not represent a sovereign nation. However, in the case of Worcester vs. Georgia (1832) the U.S. Supreme Court ruled in favor of the Cherokee. The Supreme Court this time ruled that the Cherokee Nation was sovereign thus making the removal laws invalid. The decision, rendered by Justice John Marshall, declared the forced removal of the Cherokee Nation to be illegal, unconstitutional and against treaties made.

President Andrew Jackson, who had the executive responsibility of enforcement of the laws, stated, "John Marshall has made his decision; let him enforce it now if he can.

The republic survived this clash and Jackson's portrait still graces the $20 bill.

20 posted on 03/28/2005 12:50:03 PM PST by Natural Law
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