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Since 9/11, sadly, justice in the US has moved so slowly that on occasion it has appeared to be dead, but Thursday's verdict is a resounding triumph for the importance of the law as a check on unfettered executive power and the caprice of politicians. As Justice Kennedy stated in his opinion, "The laws and Constitution are designed to survive, and remain in force, in extraordinary times." He added, "To hold that the political branches may switch the Constitution on or off at will would lead to a regime in which they, not this court, say ‘what the law is,'" a quote from an 1803 ruling, in which the Supreme Court explained its right to review acts of Congress, which, of course, reinforces the supremacy of the separation of powers that lies at the heart of the United States Constitution.
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