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To: Borges
I do not trust judges with unchecked powers. Judicial review is not even mentioned in The Federalist Papers. Its time to get rid of it so the ultimate say about our values rests with the people.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
24 posted on 05/12/2005 1:42:20 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: goldstategop
In FP #78, Hamilton said that Judges would have the power to declare a law void. The Constitution gives the USSC jurisdiction over 'all cases in law and Equity'. Even Justice Scalia doesn't want to get rid of Marbury Vs Madison which he rightly notes as a plagiarism of Hamilton in the FP.

Leaving Legislative bodies in charge of the Constitution is like leaving wolves in charge of the Hen house. It's a document that lists the sort of laws they are not allowed to pass. The Judicial branch is there to make sure they don't. The answer is to appoint good judges.
34 posted on 05/12/2005 1:47:33 PM PDT by Borges
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To: goldstategop

Judicial review was assumed by the founders and Hamilton, for one, had been involved in one of the major cases of judicial review by a local court in NY, Rutgers v. Weddington. It would be impossible to have a Law of the Land without jr.


106 posted on 05/12/2005 2:58:12 PM PDT by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: goldstategop

The Founders were very careful to ensure that the Law was NOT decided by popularity contests and direct votes of the people. They were completely opposed to Democracy (a negative term to them) precisely because judges should not rule based upon populatity. This was why they mandated lifetime appointment for federal judges and called for judicial independence.


108 posted on 05/12/2005 3:00:49 PM PDT by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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