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To: MamaTexan
Yes, for all the recent specials run about the American Revolution on the History Channel, you'd never imagine that one of the things the Founding Fathers were most worked up about wasn't taxation without representation BUT the effort by the Crown and Parliament to prevent the residents of newly organized colonies (i.e. Canada ... won with Colonial sacrifice BTW) from living under English Common Law.

The Founders were rightly concerned, just as they indicate in the DoI, that this was a prelude to doing the same within the older colonies.
8 posted on 10/13/2006 11:48:47 AM PDT by Rurudyne (Standup Philosopher)
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To: Rurudyne
The Founders were rightly concerned, just as they indicate in the DoI, that this was a prelude to doing the same within the older colonies.

They were articulate and brilliant men. The birthright they gave Americans is woefully underappreciated, IMHO

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Speaking of jurisdiction of the judicial branch of the federal government, here's a little gem from Madison:

However true, therefore, it may be, that the judicial department is, in all questions submitted to it by the forms of the Constitution, to decide in the last resort, this resort must necessarily be deemed the last in relation to the authorities of the other departments of the government; not in relation to the rights of the parties to the constitutional compact, from which the judicial, as well as the other departments, hold their delegated trusts. On any other hypothesis, the delegation of judicial power would annul the authority delegating it; and the concurrence of this department with the others in usurped powers, might subvert forever, and beyond the possible reach of any rightful remedy, the very Constitution which all were instituted to preserve.
James Madison, Report on the Virginia Resolutions

The original intent was to allow the federal judiciary to decide cases that concerned the federal government, NOT the States.

9 posted on 10/13/2006 12:06:34 PM PDT by MamaTexan (I am not a ~legal entity~, not am I a 'person' as created by law.)
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