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To: UnbelievingScumOnTheOtherSide
Which is what he would be doing by overruling unconstitutional actions by the Court.

Can you point out for me where in the Constitution the President is empowered to overrule the judiciary?

143 posted on 03/23/2005 11:35:08 AM PST by malakhi
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To: malakhi
Can you point out for me where in the Constitution the President is empowered to overrule the judiciary?

Can you point out where the Judiciary is empowered to enforce its opinions on the President?
Opinions are like the @$$#o!eS who write them.
That's why they are called "opinions."

If you would like a specific answer, refer to Federalist #78:

"[The Judiciary] may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments."

I posted an open letter to Hugh Hewitt which I copy here (with a few modifications):

The threat of Executive Nullification of Judicial Edicts is an Essential part of the separation and balance of powers. If Executive enforcement is a mere arm of Judiciary legal fiat, you have the Executive, Legislative and Judicial power invested in one Judicial Oligarchy. That is anathema to anything American.

The Court was envisioned to have the power of persuasion only. But if their pronouncements bind the Congress and President automatically, the need for persuasion is gone. PLEASE read Federalist #78. It says that "[The Judiciary] depend[s] upon the aid of the executive arm even for the efficacy of its judgments." But if the President has no choice in the matter, then the Judiciary is in place of and superior to the President and not dependent on anything. Its power as keeper of the Constitution means that Congress too is irrelevant unless it can mount a 2/3 vote, which is historically rare.

We cannot live for decades on end without a President or Congress. Hundreds of bad Court decisions tearing out America's social fabric prove that. The naked abuse of Congress as well as Terri Shiavo make it glaringly visible.

http://www.freerepublic.com/focus/f-news/1368633/posts
152 posted on 03/23/2005 11:52:11 AM PST by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
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