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"[A]s the Courts are generally the last in making the decision, it results to them by refusing or not refusing to execute a law to stamp it with its final character. This makes the Judiciary department paramount in fact to the Legislature, which was never intended, and can never be proper."

by:
James Madison
(1751-1836), Father of the Constitution for the USA, 4th US President
Source:
OBSERVATIONS ON THE "DRAUGHT OF A CONSTITUTION FOR VIRGINIA," October 15, 1788 ref: The Papers of James Madison, http://lf-oll.s3.amazonaws.com/titles/1937/Madison_1356-05_EBk_v6.0.pdf

 
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