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To: HiTech RedNeck
something like a 4th amendment equal protection argument.

Yes, that is right, and anyone could bring the case. I doubt it will be a party in the action.

Equal separation of power would be another.

The courts have granted the executive branch special powers in matters of life and death however.(for example, the power of parole)

It will be interesting and a new precedent if it happens in this case.

99 posted on 10/21/2003 7:44:20 AM PDT by Cold Heat ("It is easier for an ass to succeed in that trade than any other." [Samuel Clemens, on lawyers])
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To: wirestripper
The courts have granted the executive branch special powers

I think that just about says it all regarding which branch is currently above itself, don't you? The public (through the Constitution) "grants powers." The courts have no authority.

101 posted on 10/21/2003 7:54:02 AM PDT by Tax-chick (Where am I? Who are all these kids, and why are they calling me Mom?)
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