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October 25, 2011 2:13 am at 2:13 am
#821707
popa_bar_abba
Participant
The Constitution was written with the provision that it is to be interpreted by the courts as the situation warrants.
Not really. The courts decided that on their own. That is the chiddush of Marbury v. Madison.
So we wouldn’t really have any more power if we were in the framers’ position.
Of course we would. Nobody ever debated whether the president has to be 35 years old. You can put things in clearly.