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To: Durus

“Case law does not change the powers of Government. Our Government was designed to have only those power specifically enumerated by the constitution. If they have usurped additional powers, and even if the USSC agrees with those usurpations, it is still not a legitimate power of Government. “

This is true, common law case law is suppose to take into account 3 equal factors:

1: Written law (literal meaning).
2: Past custom/practice (practical law)
3: Past ruling precedence(past rulings).

In an effort to empower themselves to make their own law, the Federal court has ignored parts 1 and 2 in-favor of the otherwise law making power of part 3.

This is a usurpation of our rights and fundamental abuses of common law, which does not place past precedence above both past practice/custom and written law.

Their placing of part #3 above both parts #1 and #2 makes the supposition that the court is infallible, that the law abiding citizens are wrong(part #2) and that the legislator does not make the laws it intends to make(#1).

This is wrong as it is a betrayal of Common law it is also a betrayal of all constitutional law.

if #3 is to be taken above both #1 and #2, then the court thou rulings is itself able to make law. #3 as you will note is the only one in which the court itself makes.


140 posted on 02/23/2010 1:11:31 PM PST by Monorprise
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To: Monorprise
They conveniently ignore that a court is not a legislative body and they have no enumerated power to add powers to government, or to create law period. The only legitimate way to add powers to government is via constitutional amendment.
142 posted on 02/23/2010 1:50:24 PM PST by Durus (The People have abdicated our duties and anxiously hopes for just two things, "Bread and Circuses")
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