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To: TexasGator
I see you are proponent of ‘living laws’. Are you also a proponent of a ‘living constitution’?

That is why I am not going to waste any more of my time on you. You do not understand the LAW at all. You do not understand how the law works, not a whit. The constitution is not a living thing, but the law itself does evolve and has to, because society, business, technology, and human interaction CHANGES in response to all of that. . . and the law has to recognize those changes.

Or do you believe that it is still OK for New York City to require every automobile entering the city to be required to be preceded by a man on a horse carrying a red flag? That was still on the books as of 1985. . . and was used to arrest a man the police wanted to jail and hold for 72 hours while they got some other evidence. After arrest, they kept bouncing him from precinct to precinct after he made his one phone call to his lawyer. By the time his attorney found him and got him released, the police had the evidence they wanted. The horse/red flag ordinance was finally removed in a general house cleaning a couple of years later. . . evolution of the LAW.

Or, perhaps, you like the LAW that required headlights on every automobile to be sealed beam incandescents. Oh, your car has halogens? Mine has LEDs. Neither one meets that Sealed Beam incandescent LAW! Gee, TexasGator, the law has evolved. How in hell did THAT happen? In your world, it can't have happened.

Do you remember me telling you that the WRITTEN antitrust law did not say that price fixing was a form of illegal activity? CASE LAW established that. . . established by a JUDGE, making a determination that it was misbehavior of a monopolist to keep competition out. . . and then issuing a RULING it was so, that survived appeals and then going all the way to the Supreme Court. It evolved as the ways of offending evolved. . . and the law also evolves as it learns the LAW makes mistakes, as in the case of Leegin, in which case, it needs to adjust itself, so as to not keep making the same mistake again.

Some people LIKE the mistaken law.

73 posted on 03/09/2016 9:16:16 PM PST by Swordmaker (This tag line is a Microsoft insult free zone... but if the insults to Mac users continue..)
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To: Swordmaker

“The constitution is not a living thing, but the law itself does evolve and has to, because society, business, technology, and human interaction CHANGES in response to all of that. . . and the law has to recognize those changes. “

Interesting that you say that it matters not what the law says but how judges interpret the laws based on societal changes ....


85 posted on 03/10/2016 6:40:45 AM PST by TexasGator
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To: Swordmaker

” The constitution is not a living thing, The constitution is not a living thing, but the law itself does evolve and has to, because society, business, technology, and human interaction CHANGES in response to all of that. . . and the law has to recognize those changes. “

How many amendments does our Constitution have?


86 posted on 03/10/2016 6:43:28 AM PST by TexasGator
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