Posted on 03/08/2023 8:51:17 AM PST by Tench_Coxe
U.S. — Democrat leaders have issued a dire warning to Americans, saying that anyone who watches unedited clips of the footage from January 6 runs the risk of arriving at a conclusion that hasn't been approved by Democrat leaders.
(Excerpt) Read more at babylonbee.com ...
Are you suggesting a hard reset on all SCOTUS Constitutional decisional law?
Some pro-lifers might want to immunize the Dodd decision from such treatment. FWIW. But arguably the Dodd decision only did to Roe v. Wade what you are advocating be done to all Con LaW precedential decisions.
I’m suggesting a hard reset on all SCOTUS unconstitutional decisions which is not law at all.
As Blackstone said, “Unjust law is no law.”
Netherlands Constitution, Article 120
“The constitutionality of Acts of Parliament and treaties shall not be reviewed by the courts.”
Lex injusta non est lex, or, ‘Unjust law is no law at all’
Propounded by Augustine and picked up by Aquinas and Blackstone.
I am equating unconstitutional Supreme Court Decisions and unconstitutional federal laws as unjust law and, therefore, no law at all.
The noted concept certainly exists and has the benefit of logic and longstanding respect. But, it’s typically only wielded in the breach, as an argument that ultimately fails to win the day.
That said, were he still with us, I could see a guy like Thomas Jefferson potentially harnessing it’s power, and to good effect! 😉
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