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To: Borges
"MvM does not prevent amending the Constitution."

No, it doesn't. But MvM should never have been decided the way it was. It was a sheer usurpation of power by John Marshall. The correct response, as I said, should have been a recommendation from the Supreme Court laying out the existence of a Constitutional conflict (or lack of authority), and let the Congress correct the situation via. the amendment process.

91 posted on 07/09/2005 4:27:41 PM PDT by Wonder Warthog (The Hog of Steel)
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To: Wonder Warthog

But the point is Marshall and others didn't feel there was a conflict. They felt 'All Judicial Power' means something and interpreted this way. I agree with Marshall and Hamilton. That's what Judicial Power is. It wasn't a big deal at the time if I'm not msitaken. The framers generally saw this to be in line with their intentions. At least if you go by the Fedaralist. Jefferson didn't like it but he was not one of the framers.


102 posted on 07/09/2005 4:34:51 PM PDT by Borges
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