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of the article 2 interests -- >> the balancing of marbury and to the extent that the court is reaching policy considerations of the court those are decisively outweighed by the sort of the republic shattering consequences of subjecting chief executives in an endless cycle to prosecution once they leave office. the founders were very much against that and deeply concerned with that, and you can see it in hamilton's writings in federalists 67, 68, and 69, and you can see that in the other writings of the meaning of the constitution. >> do you think that we should -- it occurred to me. do you think that we should take any cognizance of the fact that when they wrote that george washington was the president, and albeit a very, very strong executive that congress was