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To: judicial meanz
"It isnt a conspiracy, its a coordinated effort to attain power, and its a fact. "
It's just the sort of thing that the separation of powers is supposed to prevent.

I imagine that judges, like most people, think they could do their jobs better or more easily if they just had more power and freedom.
That law professors' feel their jobs would be easier if they didn't have to deal with the limitations in the Constitution.
It might even matter that judges who go to international legal conventions find that saying "the Constitution won't let me" puts them at a disadvantage to their peers!

There are any number of "innocent" motivations for these guys' view that the Constitution is just an impediment.

170 posted on 07/07/2003 8:45:35 AM PDT by mrsmith
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To: mrsmith
George Washington's farewell address:

"It is important, likewise, that the habits of thinking in a free country should inspire caution in those entrusted with its administration, to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another.
The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism.
A just estimate of that love of power, and proneness to abuse it, which predominates in the human heart, is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power, by dividing and distributing it into different depositaries, and constituting each the guardian of the public weal against invasions by the others, has been evinced by experiments ancient and modern; some of them in our country and under our own eyes. To preserve them must be as necessary as to institute them.
If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates.
But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed.
The precedent must always greatly overbalance in permanent evil any partial or transient benefit, which the use can at any time yield."

177 posted on 07/07/2003 8:51:08 AM PDT by mrsmith
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