Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: 4ConservativeJustices
Ummmm, no. The justice didn't put sarcasm tags in. He wrote, "Again, the power of repealing a law and that of suspending it (which is a partial repeal) are Legislative powers."

Why did you not include this?

As in the whole article cited, no mention is made of the power of any other branch of government but the Legislative, it cannot be said that any of the limitations which it contains extend to any of the other branches.

The case you cite doesn't support your position.

Walt

69 posted on 06/25/2002 1:15:37 PM PDT by WhiskeyPapa
[ Post Reply | Private Reply | To 67 | View Replies ]


To: WhiskeyPapa
The case you cite doesn't support your position.

He writes, "If, therefore, this suspending power exist in the executive (under whose authority it has been endeavoured to exercise it) it exists without any limitation, then the president possesses without a limitation a power which the Legislature cannot exercise without a limitation. Thus he possesses a greater power alone than the house of representatives, the senate and himself jointly."

It's not declatory, it's supposition. He's arguing that your reasoning would give the President more power than the Congress (who was delegated the power).

Just to make sure he's understood he adds, "Again, the power of repealing a law and that of suspending it (which is a partial repeal) are Legislative powers."

76 posted on 06/25/2002 2:52:10 PM PDT by 4CJ
[ Post Reply | Private Reply | To 69 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson