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Religion & Law

: Constitutionally Correct

Alaska: Here's to Elected Officials "Digging In Their Heels" For Separation of Powers

By Alliance Defense Fund

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. . . what is "extraordinary" is that we've had so little "defiance" in the past few decades, as we watch our Constitutional birthright of careful separation of balanced powers sold for a mess of imperial judicial pottage, passed off as "judicial review." Here is the background not provided by the AP, what Paul Harvey would call, "the rest of the story," of how the Alaska Supreme Court's judicial activism created a real constitutional crisis in Alaska, with the Executive Branch caught between the Judicial and the Legislative. I think it provides a useful case study on how messy the law gets when first principles are ignored in service of achieving a policy result . . . Hopefully the new legislators of Alaska will use this whole episode to educate their constituents on the important separation of powers principles that have been undermined by the Alaska Supreme Court's actions....(read more)

Full post as published by Constitutionally Correct on December 21, 2006 (boomark / email).

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