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To: EternalVigilance
Marbury vs Madison says that all three branches, including the judiciary, are bound by the Constitution.

Yet leaves the courts to "interpret" it.

Heck let me "interpret" the rules and I assure you I'd never break one (/cynicism).

It's a very corrupting power, judicial review is, but we gave up on impeaching judges for things other than bribery and corruption many many moons ago.

So really you are left with no check on a rouge state court except filing up to the SCOTUS.

262 posted on 01/20/2008 10:57:35 AM PST by NeoCaveman (waiting on a new tagline)
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To: NeoCaveman

Riddle me this:

How can an executive ever keep his sworn oath if he can’t interpret the Constitution?


264 posted on 01/20/2008 11:01:25 AM PST by EternalVigilance (For America's Revival - Keyes 2008)
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To: NeoCaveman
It's a very corrupting power, judicial review is, but we gave up on impeaching judges for things other than bribery and corruption many many moons ago.

Yeah. Like during Jefferson's day.

"The Constitution is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please." [Sept 6, 1819]

"...the Federal Judiciary; an irresponsible body (for impeachment is scarcely a scarecrow), working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one. When all government... in little as in great things, shall be drawn to Washington as the centre of all power, it will render powerless the checks provided of one government on another and will become as venal and oppressive as the government from which we separated." (1821)

"You seem to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarcy...The Constitution has erected no such single tribunal...knowing that to whatever hands confided, with corruptions of time and party, its members would become despots." [Sept 28, 1820 letter to William Jarvis]

"The germ of dissolution of our federal government is in the constitution of the federal Judiciary."

"The Judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to undermine the foundations of our confederated fabric." (1820)

"The opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves in their own sphere of action, but for the legislative and executive also in their spheres, would make the judiciary a despotic branch."

- Thomas Jefferson

267 posted on 01/20/2008 11:09:33 AM PST by EternalVigilance (For America's Revival - Keyes 2008)
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