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To: p[adre29
And it is common law that a law passed by the Congress cannot overturn.

Do you have a source for that? Would you want that to apply to a Dem controlled Congress?

13 posted on 11/01/2005 10:23:35 PM PST by Ken H
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To: Ken H; p[adre29
And it is common law that a law passed by the Congress cannot overturn.

Do you have a source for that?

What I think he means is there were a couple of recent decisions where old English law was invoked. (DNA tests proving a child was not fathered by the husband, but he was required to pay for it never the less).

Since this is English law, being applied by American courts, its not at all clear that there is anything the congress could do about it. If congress created a new law the court might simply declare the new law unconstitutional because the English common law was assumed at the time of the signing of the constitution.

I don't necessarily buy that argument, but I can see where he is going with it.

This inclusion of foreign law is quite worrisome.

20 posted on 11/02/2005 12:56:28 AM PST by adamsjas
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