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To: Tailgunner Joe
I am a little confused. Our laws are based on Roman law. We created law from Roman law. Blacks law is based on Roman law. Our whole legal system is based on foreign law. I thought this was true from the bingeing of our country?

I am sorry, but what am I missing?

30 posted on 03/16/2005 12:00:09 PM PST by Steve Van Doorn
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To: Steve Van Doorn

Steve, no we are based on English Common law. Even though we use many terms from Roman Law it isn't the basis of our law.


34 posted on 03/16/2005 12:02:07 PM PST by brooklyn dave
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To: Steve Van Doorn

bingeing = beginning


35 posted on 03/16/2005 12:03:01 PM PST by Steve Van Doorn
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To: Steve Van Doorn

"American Laws" must mean those laws and governances actually adopted by the legislature of the US. What the provenance of these laws is is immaterial. They could be originally from Wales, and it wouldn't matter. Once adopted, they are American laws.

Now Phyllis is recommending impeachment for use of foreign laws - meaning those laws and governances NOT adopted by the legislature of the US, but other legislatures (and not necessarily currently existing legislatures)

Some posters are getting a bit hung up on where America got its laws from. Doesn't matter. What matters is what laws it has adopted - those are what the courts should be judging, and are the only things that fall within their competence. Phyllis is onto something - if its possible to impeach a President for doing his job badly (and it is), then it's certainly possible to impeach a judge.


55 posted on 03/16/2005 12:23:41 PM PST by agere_contra
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To: Steve Van Doorn
I am a little confused. Our laws are based on Roman law. We created law from Roman law. Blacks law is based on Roman law. Our whole legal system is based on foreign law. I thought this was true from the bingeing of our country?

I am sorry, but what am I missing?

The difference between the United States Constitution and the common law. Common law has its roots in history, especially the English common law. There is, howevere, no FEDERAL common law. Common law is a state concept. Under the Erie doctrine, there is no federal common law.

Historical law may have influenced the Framers when they wrote the U.S. Constitution, but the law of the Constitution is found in its text, not in historical precepts. The Constitution says what it says. Federal statutes say what they say. They are not concepts that evolved, they are legislative enactments that can only be interpreted from the text.

72 posted on 03/16/2005 12:52:20 PM PST by Bluegrass Federalist
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To: Steve Van Doorn

"Our whole legal system is based on foreign law...I am sorry, but what am I missing?"

It is true that law in other countries influenced the writers of our Constitution of the United States of America. However, there was a lot of picking and choosing during the writing of that Constitution. There are things in the Constitution that you will not find in foreign law. There were things in foreign law that differ from what was written into the Constitution.

That all being said, no body, judicial or otherwise, has the Constitutional right to revise the constitution by fiat based on any foreign law or any other law. There is an ammendment process for revising the Constitution.

There are five justices on the Supreme Court who should be impeached.


100 posted on 03/16/2005 3:53:43 PM PST by GGpaX4DumpedTea
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To: Steve Van Doorn
What you are missing is the difference between and among "the law", "judicial practice", and "legal principles".

You will notice that although our Founders looked to Roman Law (among others), laws passed by the Roman Senate and enforced by the Tribunes and Emperors ARE NOT law in the United States.

Up until recently we depended on Congress and the various state legislators to inform us of the state of American law.

Now, arch traitors like Justice Kennedy want us to bow down to foreign potentates and satraps.

It is time to remove the traitors and return to our own ancient traditions, and laws, and have our Congress and the legislatures debate and pass laws for our use.

101 posted on 03/16/2005 4:08:48 PM PST by muawiyah
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