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I note that the 11th circuit is enjoying itself. Giving Terri's family a last little glimmer of hope only to yank it away. Sort of like twisting the bayonet.
In their ruling the 11th sharply criticizes both the executive and legislative branches for violating the intent of the Founders. Well, I have to agree with them this time. The Constitution doesn't say a whole lot about the direct relations between judicial and other branches, but it does say something.
On one side, here are the sections that give the legislature and executive some authority over the judiciary:
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* The Senate shall have the sole Power to try all Impeachments.
* The President.... shall nominate, and by and with the Advice and
* Consent of the Senate ... Judges of the supreme Court...
* 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...
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Now here's the section that gives the judiciary authority to make and repeal laws, and the power to overrule the other two branches:
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*
*
*
*
*
*
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As you can see, this latter part is jam-packed with Emanations and Penumbrae, and other types of Dark Matter which make it far heavier than the mere "words" in the sections that give authority to the legislative and executive branches.
Thanks to the 11th for bringing jurisprudence into the modern era of quantum cosmology, and throwing out obsolete Newtonian notions such as "words", "meaning", "liberty", "representation", etc.