To: exmarine
"It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the law; the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty." -- Chief Justice John Marshall, 1803
To: Non-Sequitur
Answer the question please: Did the court exceed their authority in saying a man is 3/5 of a person, or that a baby is a non-person? Yes or no.
510 posted on
01/20/2004 8:28:04 AM PST by
exmarine
( sic semper tyrannis)
To: Non-Sequitur
The court has no authority outside the Constitution. When they rule outside the Constitution, they are fair game, especially when their ruling violates the basic UNALIENABLE rights to life, liberty and property.
512 posted on
01/20/2004 8:30:38 AM PST by
exmarine
( sic semper tyrannis)
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