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To: DMaA who wrote (408012)1/31/2011 6:04:29 PM
From: kumar  Read Replies (1) | Respond to of 794024
 
U know what - my brief discussion on Amendments and judiciary - after years of part time study to get Naturalized, leads me to this question : How many of our "kids eligible to vote", have such an understanding ?



To: DMaA who wrote (408012)1/31/2011 6:34:45 PM
From: D. Long  Read Replies (1) | Respond to of 794024
 
It is not a role the founders saw it having. There was a vacuum and the justices walked in and filled it

That's an unwarranted assumption. It's a role the Founders did not write in Article III, but that doesn't mean they did not intend the judiciary to rule on legislation's constitutionality. The Founders understood the English common law system, and many were state legislators whose state constitutions' specifically incorporated English common law. It was foreseeable that the courts, intended to balance the other two branches, were to interpret the constitution and "make law" like any English common law court.