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To: Bluegrass Conservative

Actually, no. It is a role that the court assumed for itself in Marbury v. Madison, but nowhere is that power enumerated in the Constitution. The Founders envisioned a Court system to settle disputes between the states and also provided not for 3 co-equal branches, but for a Legislature that would be the more powerful branch, with a reasonably strong executive branch as a partial check and with a judiciary that was subservient to the Congress, since Congress can decide what matters fall under its jurisdiction as per Article 3, Section 2, Clause 2: In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.


28 posted on 07/20/2005 7:25:53 AM PDT by MarcusTulliusCicero
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To: MarcusTulliusCicero

It's constitutional in Soviet Russia or Zimbabwe.


30 posted on 07/20/2005 7:26:23 AM PDT by HKaddict
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