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To: OldDeckHand
Now you're questioning the legitimacy of the Federal Rules of Evidence? Oh brother. Every time I think I can't be shocked, anymore than I already am, I'm shocked.

I'm not challenging them, I'm saying they are rules, not statute law. I also said that the statute law authorizes the courts to make such rules, which also implies the power to change them.

Try out US Code, Title 28, PRT 5, CHPTRS 111-123 - or thereabouts. Let me know what you come up with.

I already cited 18 USC Chapter 131, which is the part of the statute law that gives the courts power to make the rules (§ 2071) and defines what the rules can and cannot cover.

No where in Rule 81 does it say, "Hey, you can ignore all the aforementioned rules to get to that just, speedy and inexpensive determination, now does it?

Why would it, Rule 1 already gives the rule about how the other rules are to be *construed* and administered. That would be redundant.

The US justice system isn't - in any way - about the delivery of justice, it's about the application of US law - nothing more, nothing less.

As a law professor of mine once said, "If you want to pursue a search for truth, talk to your priest. If you want to understand the law, you've come to the right place."

The Constitution is the law too, who is applying that?

I guess you and your law professor would agree that the US Justice System is misnamed?

But you make my earlier point much better than I could.

265 posted on 09/16/2009 10:53:35 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: El Gato
The Federal Rules of Evidence are statutory law. They were enacted by Congress in 1975, and are codified in the Appendix to Title 28 of the United States Code.

There are no rules of evidence in the Constitution, other than things like the requirement for two witnesses to convict someone for treason, the Confrontation Clause of the 6th Amendment, and the Self-Incrimination Clause in the 5th Amendment. The Constitution sets forth the qualifications for service as President of the United States, but is silent on how and to what standard those qualifications or the lack thereof are to be proven and on how any disputes over an individual's qualifications are to be resolved.
283 posted on 09/17/2009 6:07:30 PM PDT by The Pack Knight (Duty, Honor, Country)
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