--- "John D. Giorgis" <[EMAIL PROTECTED]> wrote:
> At 05:18 PM 2/23/2004 -0600 Robert Seeberger wrote:
> >But, and correct me if I am wrong here, aren't the
> three branches of
> >the FedGov supposed to be relatively equal in
> overall power?
> 
> Ummmm....... No.    That was never envisioned at all
> by the Founding
> Fathers as near as I can tell.   I think that you
> are mistaking "a system
> of checks and balances" for "relatively equal
> power."    Suffice to say, it
> was not intended for the judiciary to be writing the
> law as if it had the
> democratic legitimacy of a Legislature.
> 
> JDG

Actually, John, I think you're both wrong :-)  While
the judiciary was probably meant to be the weakest
branch - the "least dangerous branch" - was, I think,
the phrase - it wasn't by much.  The point is that
each of the three has _different_ powers, which act as
a check upon each other.  It's the difference in the
nature of their powers that is crucial.  The problem
with Rehnquist is that he has aggressively usurped
executive and (even more) legislative powers,
arrogating them to the Court system.  

=====
Gautam Mukunda
[EMAIL PROTECTED]
"Freedom is not free"
http://www.mukunda.blogspot.com

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