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

To: AntiGovernment

So who is the arbiter of legal orders? Can each branch make its own determination of what is constitutionality? Or does that right belong exlcusively to the Judiciary?


84 posted on 06/29/2006 12:41:39 PM PDT by Cyclopean Squid (Oesterreich ist frei!)
[ Post Reply | Private Reply | To 34 | View Replies ]


To: Cyclopean Squid
So who is the arbiter of legal orders? Can each branch make its own determination of what is constitutionality? Or does that right belong exlcusively to the Judiciary?

It belongs exclusively to the only branch that is independent from popular vote, the judiciary. That's a good thing, otherwise, a lot of unpopular rights would be trampled upon. However, a legislature can correct a problem by amending the constitution.

I know this might sound unappealing because it has some side-effects. But I believe the alternative is much, much worse.
86 posted on 06/29/2006 1:55:46 PM PDT by AntiGovernment (A government that is big enough to give you all you want is big enough to take it all away.)
[ Post Reply | Private Reply | To 84 | 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