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Pastimes : Let's Talk About Our Feelings!!! -- Ignore unavailable to you. Want to Upgrade?

To: Skipper who wrote (13581)	11/11/1997 2:18:00 PM
From: JF Quinnelly	Respond to of 108807

Madison or Hamilton wrote of the Court being the weakest branch of government. Jefferson, while President, defied a Court order saying something along the lines of "they have made their decision, now let them enforce it", meaning he knew they had no ability to order the Treasury to spend the money involved in the decision. "Judicial review" wasn't even considered until John Marshall, the 3rd Chief Justice of the Court, decided it had to exist. Jefferson is said to have believed that both Congress and the Presidency could strike down the other's actions for being unConstitutional. So. It looks like the Supreme Court has created for itself far more power than was intended. They have become a super-legislature, taking away from Congress the powers intended for it. One way of rectifying the balance of power would be to make Supreme Court decisions reviewable by Congress, with a 2/3 vote being sufficient to overturn a Court decision. This would prevent the Court from acting like an oligarchy, from ordering 260 million people to do their bidding without any recourse. In our day, we are also afflicted with modern language theories that make words infinitely malleable. Nothing is fixed, and we can make words mean anything we want, even if it should seem obvious to common sense that our interpretation is so much manure.