🚀 go-pugleaf

On 15 Jun 2001 14:25:35 -0400, Lloyd R. Parker <lparker@emory.edu> wrote:
>Kenneth P. Turvey (kt-alt@SprocketShop.com) wrote:
>: On 14 Jun 2001 14:55:16 -0400, Lloyd R. Parker <lparker@emory.edu> wrote:
>: >Kenneth P. Turvey (kt-alt@SprocketShop.com) wrote:
>: 
>: Please show me a passage in the Constitution that indicates this even
>: implicitly.  I can provide quotes from at least some of the framers that
>: show their disdain for this interpretation of the document.  
>
>
>It's inherent.  As I posted in another post, say Congress passes a law
>forbidding Methodists from worshipping.  A Methodist is arrested and
>brought to court.  The court MUST say the law goes against the
>constitution and having first allegiance to the constitution, must let the
>Methodist go instead of punishing him.

Just as it is implicit that the legislature must not ever pass the law
in the first place, and that juries should never convict someone of the
law, and that the people should never elect any official that would
advocate such a law... 

What you are talking about is not an implicitly granted power, but one
the courts adopted for their own.  The legislature could just as easily
taken the power (as Jefferson and others would have preferred).  


-- 
Kenneth P. Turvey <kt-alt@SprocketShop.com> 
--------------------------------------------------------
  Anyone who challenges the prevailing orthodoxy finds himself silenced
  with surprising effectiveness.  A genuinely unfashionable opinion is
  almost never given a fair hearing.  -- George Orwell