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To: Jacquerie
I have denied no such thing and neither do I believe that the founders had any intention of creating anything like the notion of judicial supremacy.

The long and short of it is that the judiciary has the power to determine for themselves what they think the constitutionality of something is but they DO NOT have the right nor the power to impose that on either of the other two branches. (If they did then we would not have three separate and equal branches of government now would we!)

Please read Dr. Paulsen's paper that I posted up thread to you. He explains it there FAR better than I am able to do here.

15 posted on 02/17/2011 1:22:18 PM PST by Bigun ("The most fearsome words in the English language are I'm from the government and I'm here to help!")
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To: Bigun

If you mean separation of powers, as it sounds like, then I agree. The Judiciary can no more order the legislative branch to perform a legislative act, say raise taxes, than the legislative or executive branches can overturn a judicial finding. Do I have this right?


16 posted on 02/17/2011 1:33:41 PM PST by Jacquerie (Democrats Soil Institutions.)
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