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To: Zero Sum
I disagree. Judicial review is basically giving ONE man the right to strike down laws on a whim. We don't give any elected official in our constitutional system of government that kind of unchecked power. Why should judges be a law unto themselves?

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
12 posted on 05/14/2005 2:58:56 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: goldstategop
The prerogative of judicial review never belonged to this federal judge to begin with. It only belongs to the Supreme Court, to declare unconstitutional laws that are abhorrent to the Constitution.

I'll give an example: The Supreme Court declared the line-item veto unconstitutional because it gave extra-Constitutional legislative power to the executive. The only Constitutional way to make such a law would be through an Amendment.

But when the courts decide to declare something unconstitutional based on foreign law or their own personal whims - which has happened all too often recently - it is prudent for Congress to use their Constitutional power of impeaching these rogue judges.

17 posted on 05/14/2005 3:19:56 PM PDT by Zero Sum (Marxism is the opiate of the masses.)
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