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To: goldstategop
Hamilton said no such thing.

Here's a direct quote:

" Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing."

Congress already has the power of the purse to shut down some of these Appeals courts. They just don't have the fortitude to do so. However checks and balances insists that the Judicial Branch guard our Constitution from the whims of the electorate at any given time which Congress reflects. And all Judges rule based on their preferences and biases. The answer is to appoint Judges who's preferences and biases fit our own.
55 posted on 05/12/2005 1:59:16 PM PDT by Borges
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To: Borges
Hamilton meant the courts would see to it acts that transgressed the federal government's limited powers had no effect. I do not think he meant it to mean federal judges could take it on themselves to declare state laws unconstitutional on a whim. In any case, a limited government can be achieved only if the operation of the laws itself is respected. When they are not, we have in practice a despotism. And to cure the type of despotism we have now in this country, we must abolish judicial review.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
61 posted on 05/12/2005 2:08:18 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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