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To: Noachian
Judges will always act as though they are above the law, and above the will of the people, no matter what party they may come from.

This truth cuts to the crux of the matter, power is seductive and judges are no more trustworthy than any other government employee. The original Marbury vs. Madison was a carefully crafted power grab and the Executive and Congress should have recognized it at the time and corrected the usurpation rather than allowing precedent.

22 posted on 05/09/2005 4:45:04 PM PDT by Navy Patriot
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To: Navy Patriot
The original Marbury vs. Madison was a carefully crafted power grab and the Executive and Congress should have recognized it at the time and corrected the usurpation rather than allowing precedent.

Oh, I don't know. Checks and balances means that EVERY branch will overreach from time to time. Marshall decided that the power the plaintiff was asking the court to exercise, was a power the court did not have under the Constitution, even if the legislature tried to give that power to the court.

The long term problem that I see is the unwillingness of Congress to exercise its constitutionally granted power of impeachment to shitcan judges that make public policy, or subvert the will of the people as expressed in statutes. At some point the fancy word-play of lawyers and judges needs to be brought back to earth. That ain't happening.

40 posted on 05/09/2005 5:18:09 PM PDT by Cboldt
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