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To: Jim 0216

The congress writes statutory law. Courts can and do make common law.


12 posted on 03/31/2018 8:57:30 AM PDT by circlecity
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To: circlecity
"ALL legislative powers herein granted shall be vested in a Congress of the United States" U.S. Const., Art I, Sec. 1.

A federal court MUST rule within the confines of the constitution and constitutionally valid federal law. In doing so, it would over time be creating a valid federal common law. But a valid Court decision does NOT make national law and if valid, is only binding on the parties of the case. It could be mandatory or persuasive case law for similar cases, but not as national legislation.

22 posted on 03/31/2018 11:32:46 AM PDT by Jim W N
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