From The Wall Street Journal
The Fifth Circuit ordered the Justice Department to explain whether courts indeed have the right to strike down a federal law.
A Judge is not sure what Pres. Obama wants the Courts to do.
The WSJ Law Blog has a transcript and audio of the judge’s comments, earlier reported by CBS News.
It is important, likewise, that the habits of thinking in a free country should inspire caution in those entrusted with its administration to confine themselves with in their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all departments in one and thus to create, whatever the form of government, a real despotism.
...George Washington ...
It serves always to distract the public councils and feeble the public administration. It agitates the community with ill founded jealousies and false alarms, kindles the animosity of one part against another, foments occasionally riot and insurrection. It opens the door to foreign influence and corruption, which find a facilitated access to the government itself through the channels of party passions.
It is important, likewise, that the habits of thinking in a free country should inspire caution in those entrusted with its administration to confine themselves with in their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all departments in one and thus to create, whatever the form of government, a real despotism.
If in the opinion of the people the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed."
…George Washington’s Farewell Address…
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