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To: free me
"The SCOTUS will have set a precedent..."

And therein lies the crux of this problem - our modern day reliance on case law. Unlike what the Founders intended, courts today rarely if ever reach down far enough to determine whether a law is truly constitutional by comparing it to the Constitution's original intent. They merely look at how previous courts have ruled on the matter (and then add a liberal dose of their own foolish reasoning for good measure). This is idiotic, as it means that if the first court got it wrong their error is compounded as subsequent courts build upon the faulty foundation.

63 posted on 06/29/2011 1:00:31 PM PDT by noiseman (The only thing necessary for the triumph of evil is for good men to do nothing.)
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To: noiseman

Which is where the whole joke of precedence comes in. There was a reason the first Supreme Court had only 5 justices, because all they had to go on was the Constitution. Then it was increased to 7, then 9, and I have no idea where precedence comes from, or who started it.


67 posted on 06/29/2011 1:07:09 PM PDT by wastedyears (SEAL SIX makes me proud to have been playing SOCOM since 2003.)
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