“Again, there is no liberty, if the judiciary power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.”
Kagan and the rest of her soon-to-be rat compatriots on Scotus happily exercise both judicial and legislative powers, for the common good and social justice, right?
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