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Unformatted text preview: The rejection of the English system in favor of our system: the institution responsible for security is separate from that which is responsible for legislation Posner argues that it is better to be just the executive (not to legalize torture, but to utilize when necessary) There are things that you dont want to pass into law but want to do on certain occasions The Supreme Court doesnt pass amendments, it interprets the Constitution and the laws passed by Congress Interpret, not create o How are constitutional amendments passed? Passed in House and Senate, and then of the states Passed by the people, NOT the Supreme Court The Court is controlled by the Constitution, not vice versa The Supreme Court has become so strong that it inhibits the public to discuss, public deliberation, of the balance of security and liberty because we just let the Court make decisions instead of thinking it out on our own...
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This note was uploaded on 03/23/2008 for the course MC 201 taught by Professor Lynnscott during the Fall '08 term at Michigan State University.
- Fall '08