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To: Non-Sequitur
One Justices opinion does not a Supreme Court decision make. It counts no more or no less than your opinion or mine in terms of established law and legal precedent.

I have news for you -- every Supreme Court Decision is made up of multitudes of opinions, facts, dicta that lead up to a final decision -- many of which then are cited as precedents in future cases.

Furthermore Marshall's dicta was factual not opinion -- as it was the fact upon the Republic operated at that time and no one debated that or opined otherwise at all.

So you say, though many others might say that Justice Gray did define it differently in the Ark decision.

Can you name these "many others" for us??? Would those "many others" include your alter egos on this site???

Others might point out that Chief Justice Waite did not agree with Chief Justice Marshall's blanket statement

Can you name those "Others" or are you just referring to yourself and the handful of Obots who have no documentary evidence for anything they say.

157 posted on 01/12/2010 3:27:30 PM PST by Uncle Chip (TRUTH : Ignore it. Deride it. Allegorize it. Interpret it. But you can't ESCAPE it.)
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To: Uncle Chip
I have news for you -- every Supreme Court Decision is made up of multitudes of opinions, facts, dicta that lead up to a final decision -- many of which then are cited as precedents in future cases.

And I have news for you. Only the majority decision are binding precedent. Concurring opinions, dissenting opinions, obiter dictum may be used as persuasive precedent or in support of judicial argument but they do not in and of themselves ratio decidendi.

Furthermore Marshall's dicta was factual not opinion -- as it was the fact upon the Republic operated at that time and no one debated that or opined otherwise at all.

It was opinion, not established legal fact.

Can you name these "many others" for us??? Would those "many others" include your alter egos on this site???

They would all be non-Birthers, yes.

Can you name those "Others" or are you just referring to yourself and the handful of Obots who have no documentary evidence for anything they say.

Unlike you they are people who understand the law, the Constitution, and how the courts work.

158 posted on 01/12/2010 5:09:59 PM PST by Non-Sequitur
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