Ok some of it is coming back and it was most likely the part about it not being a power granted within the constitution that made me disagree with it. But it could be logically argued that it was the intent of the writers of the constitution that separated the three branches of government. That it was their intent for the court to keep in check the despotism that a one-branch government could perpetrate. I must be thinking of something from the Warren Court where courts were allowed to just make up a law where none exist.
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