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?
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.)
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson