No, that's not how laws work. That's like saying a 55 mph speed limit isn't 55 mph until someone challenges it in court and loses.
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Derives from each branch's need to carry out its functions under the Constitution. Constitution confers no special authority on any branch.
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There are no such clauses for any of the branches.
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You must be kidding. You're the one treating it as a "living" doc. You think judicial power is a special delegation of interpretive power.
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Yes, as I've said, and so does legislative power and executive power.
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