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To: OneWingedShark

“”Per Roberts ruling, America’s defining principle is no longer laws, but elections.”

I would go a step further and say not even elections, but bureaucracies redefining and selectively applying things to get their desired results (the Judiciary falls into that category, what with its sacred cow of precedence). “

Precedence is how Federal Judges make law, it is the parchment upon which their orders extent to both the rest of the population and future generations.

The irony is this whole idea of precedence only exist as one of three parts of common law for fairness reasons, and is all but useless without the other two more important parts, written law, and community traditions(past practice).


8 posted on 07/05/2012 9:41:43 PM PDT by Monorprise
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To: Monorprise
Precedence is how Federal Judges make law, it is the parchment upon which their orders extent to both the rest of the population and future generations.

Agreed; and that is why I hate precedence.

In fact, I really wish this law would be used against judges using precedence. Make them have to derive/justify their judgment directly from the Constitution, natural law, logic, and the law-as-written.

The irony is this whole idea of precedence only exist as one of three parts of common law for fairness reasons, and is all but useless without the other two more important parts, written law, and community traditions(past practice).

I'm not sure that's the case any more. I think that precedence is now the superior of the two, precisely because there are so many decisions handed around that a judge can basically say anything he wants.

Precedence is nothing more than the judiciary playing the children's game of 'Telephone' with your legal rights.

9 posted on 07/05/2012 10:00:50 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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