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Politics : Formerly About Advanced Micro Devices -- Ignore unavailable to you. Want to Upgrade?

To: tejek who wrote (307243)	10/21/2006 3:10:18 PM
From: Road Walker	Read Replies (3) \| Respond to of 1571035

re: Trust me, if the president does something that is believed to be unconstitutional there are attorneys who will run to the USSC faster than you can say the word, unconstitutional. That's assuming he doesn't do it in secret (extraordinary rendition, wiretapping, torture, etc.).

To: tejek who wrote (307243)	10/23/2006 9:04:19 PM
From: TimF	Respond to of 1571035

Its simply impossible for the executive branch to function and remain within its constitutional limits without interpreting the constitution. No it isn't. If the exective branch is acting unconstitutionally, the courts will catch it If the executive branch and the legislature eliminated all effort to follow the constitution until or unless the courts explicitly ordered them to do something or forbade them from doing something, then you would have an enormous mess. You think the Bush administration is doing a bad job now? Well you can argue that but its still better than no work in this area at all. The USSC has more than final say.....its the branch that has been commissioned to do the interpreting. The idea that the other branches can't or should not interpret the constitution is silly. Read the Federalist Papers.......they explain this much better than I do. There is nothing in the Federalist (or Anti-Federalist) papers that suggests that the executive and the legislature should try to understand and live withing the limits of their constitutionally granted powers, even if the courts have not expressly interpreted the relevant constitutional passage for them.