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To: 1stFreedom
"Nevertheless, it(judicial review) was not included in the Constitution. Understand that many ideas were debated, but few made them into this vital document."

Oh?

Article. III.
Section. 1.

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Section. 2.

Clause 1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State; --between Citizens of different States, --between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

The fact is, that SCOTUS is the Constitutional last word on the Constituitonality of any particular law. The concept(s) was contained in English Common law.

The 14th was added to include controversies between a particular State and any citizens thereof. The reason was to protect federally recognized rights that were being trampled by the States.

31 posted on 07/09/2005 3:50:45 PM PDT by spunkets
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To: spunkets
"The fact is, that SCOTUS is the Constitutional last word on the Constituitonality of any particular law. The concept(s) was contained in English Common law."

No, actually it is NOT. FINAL authority lies with the people, via Congress and the state legislatures according to the stated amendment process.

71 posted on 07/09/2005 4:17:16 PM PDT by Wonder Warthog (The Hog of Steel)
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To: spunkets

The 14th amendment, and it's beating the states to death, was the worst possible thing that could have happened. There was a reason why the Bill of Rights only applied to the federal government. The founders wanted to limit the beast while keeping the States on an even balance of power. The founders knew what a runaway centralized federal government could do and they did not want to make that mistake.

Try reading the 10th Amendment and see what powers are granted to the people and to the states....a whole lot more than the founders gave the federal government.


173 posted on 07/09/2005 6:56:46 PM PDT by MissouriConservative (Tolerance is the virtue of the man without convictions.)
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