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I hit, in my opinion. means an invasion bv the Court of the legislative field and is regrettable not onlv because of the complications which this particular decision will cause in many of our State educational systems but also because it is another step along a path which already has been followed too far in recent years. The framers of the Federal Constitution not only provided for three separate and distinct branches of Govern merit—the Legislative, Executive, and the Judicial—hut sought to safeguard each branch from encroachment by the others and also drew a sharp line to prevent encroachment by the Federal Government on . the rights of the States and localities. Fear of such encroachment led Patrick Henry and other Virginians of his day to oppose ratification of the Constitution and favorable action was taken only after James Madison, who had played a leading part in framing the Constitution, promised to offer at the first session of the Congress the Bill of Rights Amendments which would furnish further safeguards for State and individual rights.
One threat to the historic doctrine of separation of powers which we have seen in recent years has been a tendency of the Chief
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