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Art 1 Sec 1 – The Separation of Powers

Some Final Thoughts[1] on Separation of Powers

“Ultimately, both enforcement devices, constitutional oaths and constitutional popularity, presupposed that the Constitution spoke not merely to federal judges, but rather to all branches and ultimately to the people themselves.”[2]

In considering the intention of the Framers with regard to the ToTaL separation of powers, it is easy to presume the doctrine of Judicial Review controls the process of determining any particular laws constitutionality. The argument of Marbury v Madison in 1803 essentially established the doctrine. As we have seen recently in California in the attempted ban on video games and even Prop 8, Judicial Review has become the established manner of ultimately deciding a laws standing under the Constitution. Read the rest of this entry

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