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To: ChildOfThe60s
Shouldn’t the same thing be said of defending the law?

No, absolutely not.

Each branch must determine the constitutionality of its own particular actions, on its own.

There is absolutely nothing in Art III that sets up an American Cour de Cassation like they have in France. The USSC "power" of judicial review, correctly applied, extends only to cases before the court where a violation of a law is at hand. THEN, the Court must decide (for itself) whether a decision would enforce a law which is not a law because it violates the Constitution.

The Congress and the President have analogous powers in their own spheres.

The President cannot fail to enforce an Act of Congress signed by a President, but he can in fact, he must, decide the scope of work of the Justice Department - that's his right, and his responsibility.

154 posted on 02/24/2011 6:16:44 AM PST by Jim Noble (House GOP: If you can't stand the heat, get out of the kitchen.)
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To: Jim Noble

Well, the theory behind that working properly banks on the occupant of the WH having at least a passing interest in upholding the Constitution. With a wannabe despot (who considers the Constitution an impediment) in the position, we have serious problems.


155 posted on 02/24/2011 6:49:59 AM PST by ChildOfThe60s ( If you can remember the 60s....you weren't really there)
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