[nickcarraway]

This battle started with Marbury v. Madison back in 1803. The Supremes stated that "it is emphatically the province and duty of the judicial department to say what the law is." The judiciary has usually won every conflict between the branches of government. I>

Did you notice the Supreme Court never bothered to reverse Dred Scott? They don't always get there way. At one time, thoughk, they did seem like the most responsible branch.

[davidosborne]

Judicial RESTRAINT is a basic principle that is not being applied by many judges out there..... Judges are OBLIGATED by their oath to render decisions based on the LAW enacted by the LEGISLATIVE branch.... too often this process is corrupted by judges who think its their job to tell that the laws they pass are "illegal"... or to use the more correct term "unconstitutional".. which then puts the responsibility back on US the people to force a constitutional ammendment to clarify it... thus settling the dispute betwee the judicial and legislative branches of government... why is it that WE THE PEOPLE are too scared to assert OUR authority OVER our Governnment?

David C. Osborne - Autobiography