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To: jafojeffsurf

Here is a pretty decent article, replete with quotes from founders:

http://community.adn.com/adn/node/152944


30 posted on 12/27/2010 1:26:22 PM PST by Lancey Howard
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To: Lancey Howard

Good Article, but to my point they are not Co-Equal, but rather checks on each other.

“But, although separated, Madison believed it essential that the three branches be connected so that each could place a check on the power of the other:

and

“[i]t is equally evident, that none of them ought to possess, directly or indirectly, an overruling influence over the others, “

So to my point none can override the other and cannot/should not usurp the powers of the other branch. IE the Judicatory cannot make a Law (yet we see this all to often), The Congress cannot enforce the Laws...

To the point, and this I say, they are not equal. Article One is the first and longest (Congress) well defined powers where are Article 3 (Judicatory) is the smallest and limited in many ways IE they cannot control themselves. For example whom determines what Courts are needed and how large they are? As we seen in the past by the example of stacking the Supreme court Congress can manipulate when “We the People” are not paying attention to get the results they want.

So, I still say they are checked on each other, but by no way equal in all aspects.


79 posted on 12/27/2010 2:35:00 PM PST by jafojeffsurf ( Return to the Constitution.)
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