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To: Sudetenland
The Court was intended to be the weakest, because the Founding Fathers knew the dangers associated with an overweening judiciary they warned of an oligarchy.

There is a reason that Article III is so threadbare. When the Constitution was drafted, it was not a given that a court would have the last word on what the Constitution meant. For example, In England, the parliament had the last word on interpreting the Constitution. Thus the Founders had no real reason to think that the courts they were creating would claim the power to “say what the law is.” They thought the courts would be fairly weak.

So again, the design of the Constitution was for a powerful Legislature, a well-controlled Executive, and a weak court system. But I think that is pretty clear, the government now differs from they way it was designed. If you were to ask most citizens today to name the most powerful branch of government, it is not likely that they would say the Legislative Branch.

196 posted on 12/20/2011 8:32:27 AM PST by Servant of the Cross (the Truth will set you free)
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To: Servant of the Cross

This is of course correct. Although it should have been impossible for the rest of the Federal government to act with the courts objections against an individual.

This does not make the court more powerful for they cannot mandate anything, nor “say what the law is” but merely exercise their oath to uphold the Federal Constitution & refuse to act unlawfully.


198 posted on 12/20/2011 10:07:49 PM PST by Monorprise
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