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Old 11-06-2006, 06:37 AM   #4
bMc8F9ZI

Join Date
Oct 2005
Posts
512
Senior Member
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I would definatly agree with the statement the the Judicial is the weakest branch, for one that WAS the intent when the constitution was writen (the whole co-equal triumvate idea came later). The legislature can legaly pass laws that determin practicaly every aspect of how the Judicial System is run. The executive can pardon individuals of any crime. These are very big checks, the judicial checks of striking down unconstitutional legislation is quite narrow and used very infrequently, they also must have a case brought to them before any such ruling can be made. Thus any court desision is an inherently passive, some outside group (ACLU) must act first before the court can act, no other branch has such restrictions, they are "first movers" in a sense. The judicial function of prosicuting individuals for crimes is'nt an effective check on excesses of the other branches, public opinion will determin what party remains in power which is far more important then any individual legislator or executive. Basicaly the Legislative branch can change the rules and take the rug out from under the Judicial if it so desires. And now for the funny part.

Legislative + Executive Branch: Send the Prisoners to Guantanimo

Judicial Branch: But we had a deal!

Legislative + Executive: I am altering the deal, pray that I do not alter it any further
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