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Your next to last sentence would be vigorously countered by judges, lawyers, law professors, assorted advocates of unchecked judicial power, and the legions of dim bulbs that repeat endlessly in classrooms, newspapers, and tv that ours is a government of three separate but equal branches of government. While the branches are separate and functionally in tension, the big battalions are the legislature (which has the big guns but lacks unity of purpose) and the executive (who has fewer - but real - guns, but who has unity of purpose and action). Courts would never overreach if the other branches were self-aware and justly jealous of their perogatives, the consequences would be painful. Unfortunately, legislatures and executives are lax in maintaining their own institutional integrity. Judicial usurpation flows easily into this vacuum. Would a bold act by the executive begin to remedy the constitutional distortion? Perhaps. Is this the right fight to engage the issue? Absolutely. A skilled politician, such as Jeb Bush, can't lose. The court responsible for starving to death a helpless woman is not a serious opponent.

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