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Nancy

Your original statement was to the effect that some questioned whether the
Florida action of the Supreme Court was legitimate.  My email was merely to
affirm that the Supreme Court was the supreme Judicial power in the United
States and as such I wondered what authority you or others had for declaring
their action illegitimate.  I can understand disagreement and even a
declaration of belief that the Supreme Court overstepped it's role but not a
declaration of illegitimacy.

BTW:  The constitution does not assign the Supreme Court the responsibility
of interpreting the constitution.  The duty of judicial review  is a duty
that the Supreme Court itself has said was implicit in the words of the
constitution. IAW, the Supreme Court has through its judicial actions
established its own role.  Chief Justice Marshall in 1803 further extended
this understanding of the Supreme Court's implicit duty of Judicial Review
to include acts of Congress.    This extension did not sit well with the
Congress of the time.  That Congress included some of the writers of the
constitution.  The Jeffersonians especially did not like the extension.  The
constitution, art 3 sect 1 merely states that "The Judicial Power of the
United States shall be vested in one Supreme Court, and in such inferior
Courts as the Congress may from time to time ordain and establish."  In the
following sections of art 3 nothing is explicitly said of a duty for
Judicial review or interpreting the constitution.  The Supreme Court in the
Florida case acted within the duty the Supreme Court itself deemed implicit
in the constitution to judicially review the laws of the United States.

Rick Seddon
McIntosh, NM