thanks for the detailed reply, timber. that really helped my understanding. a couple questions, if i may -
Quote:
Originally posted by Timber Loftis:
Substantive due process takes the PROCEDURAL requirement that you cannot be deprived of life, liberty, or property without due process, and warps it into a substantive right prohibiting legislatures from passing a whole slew of laws.
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sorry, i must sound like a two-year old with this. is it that the courts have said "you are prohibited from making those laws", or is it that the legislature has realised that such laws are difficult to enforce due to judicial ruling and therefore just arent passing such laws anymore?
Quote:
Originally posted by Timber Loftis:
There's a ton I could write about this, but go read Robert Bork's book if you're interested.
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which one? amazon lists quite a few. do you mean his latest?
http://www.amazon.com/exec/obidos/tg...glance&s=books
Quote:
Originally posted by Timber Loftis:
The problem isn't the Court growing more powerful vis-a-vis the Congress, but rather the fact that both have grown in power vis-a-vis you and I. 
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even without understanding the subtleties of the balance between the branches of govt, i couldnt agree more. balance is not just within 3 branches but across 4 groups.
we the people hold that 4th power, power which we have abdicated.
hey, i like that. the 4th power. sounds like a book. call to arms! fire! workers unite!
edit: typos
[ 11-13-2003, 05:39 PM: Message edited by: sultan ]