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Dissing Congress. (U.S. Supreme Court's separation of powers philosophy applied in 29 cases since 1994 term to limit the power of Congress)
From:
Michigan Law Review
| Date:
October 1, 2001| Author:
| COPYRIGHT 2001 Michigan Law Review Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group.Copyright information
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My Court is fond of saying that acts of Congress come to the Court with the presumption of constitutionality. That presumption reflects Congress's status as a coequal branch of government with its own responsibilities to the Constitution. But if Congress is going to take the attitude that it will do anything it can get away with and let the Supreme Court worry about the Constitution ... then perhaps that presumption is unwarranted. (1)
-- Justice Antonin Scalia
The Supreme Court under Chief Justice Rehnquist's recent leadership has invalidated numerous federal laws, ...
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