Should Court Practice Deference Summary

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Recommended: Constitutional Law ; Checks & Balances

Arvin, I enjoyed reading your analysis of Breyer’s article regarding when courts should participate in the practice of deference. I agree with you regarding your analysis of when courts should practice deference. I would like to add a couple more points to your argument. The Constitution, set up by our founding fathers, gives a system of checks and balances to the government in order to balance the powers among different branches of government. The system of checks and balances that we have, prevents one branch of government from overstepping its bounds. When a court practices deference, they are participating in the system of checks and balances because they are allowing another branch of government to help answer a question that they are

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