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To: Borges
Throwing out MvM would basically shrink us down to 2 branches and concentrate power.

If the Framer's intended the judiciary to have the final word over the Legislature why didn't they just spell out "Judicial Review" in The Constitution? Why were they so fearful of an out of control judiciary? Why did they limit the powers of the judiciary, and give Congress authority to limit their scope?

When you start answering these questions you get an idea of what the Framer's were afraid of, and why they concentrated power in the elected branches of government.

57 posted on 07/09/2005 4:07:49 PM PDT by Noachian (To Control the Judiciary The People Must First Control The Senate)
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To: Noachian

My interpretation of 'All Judicial Power' is Judicial review. It was Hamilton's as well. And Marshall's. And Scalia's. And Bork's.


63 posted on 07/09/2005 4:12:55 PM PDT by Borges
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To: Noachian
If the Framer's intended the judiciary to have the final word ...

In a system of checks and balances, NO branch has the final word.

77 posted on 07/09/2005 4:20:34 PM PDT by Cboldt
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