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An all powerful judiciary could hand down cruel punishments that would be out of proportion to the crimes committed. To ensure that no government branch became too powerful, the founding fathers included explicit checks and balances in the Constitution so the legislative branch could restrain the executive branch and vice versa...
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The first describes the term of judicial appointments; the second, the cases it may accept; and the third, the terms of a treason case. Given these three sections, the judicial branch possessed little power over the other two branches. It therefore was considered the weakest branch of government. Before Marbury v...
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