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To: philman_36
Your paragraph beginning with the words "And while your words....," is particularly eloquent testimony to the quality of your thinking and of your debating skills. Another example of "Shut up, he argued!"

The English Common Law system, which, having been initiated by King Henry II, must go back to at least 1189, the year of his death. Trust that the passage of time has rendered many old decisions quite obsolete. The short version of the relevance of that fact is that the US, after successfully revolting against the Brits during the unpleasantries from July 4, 1776 until the Treaty of Paris, adopted the Common Law of England (as then it stood) and thereafter our common law and theirs diverged during the ensuing centuries and you would be surprised at how much of our own common law has been rendered obsolete by the passing of time and historical events. For example, Dred Scott vs. Sandford (SCOTUS 1857) was rendered more than moot by the results of the War Between the States and the subsequent post-war constitutional Amendments XIII, XIV and XV. If that is overinclusive, sue me; Minor vs. Hapgood did not survive the enactment of the Women's Suffrage Amendment; and Lochner vs. New York (SCOTUS 1905), a 14th Amendment substantive due process case involving New York legislative action limiting the work hours of bakers, was rendered obsolete by the New Deal with no Constitutional Amendment intervening and was, in effect, and was implicitly but not explicitly overruled in 1937 in West Coast Hotel Co. vs. Parrish with no intervening constitutional amendment. These are a very small sample of significant decisions rendered obsolete and, except for Dred Scott, all were subsequent to Minor vs. Happersett and all including Dred Scott were SCOTUS cases rendered obsolete one way or another.

152 posted on 04/04/2012 8:44:52 PM PDT by BlackElk ( Dean of Discipline ,Tomas de Torquemada Gentlemen's Society. Burn 'em Bright!)
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To: BlackElk
The English Common Law system, which, having been initiated by King Henry II, must go back to at least 1189, the year of his death.
Does English Common Law govern in American jurisprudence?

Trust that the passage of time has rendered many old decisions quite obsolete.
I'm not trusting you for anything.
It isn't the passage of time that has rendered old decisions obsolete, it's subsequent court cases or Constitutional amendments that have rendered some cases so as your subsequent statements provide.
Is Minor vs. Happersett completely obsolete or only some portions of it?

...the relevance of that fact is that the US, after successfully revolting against the Brits during the unpleasantries from July 4, 1776 until the Treaty of Paris, adopted the Common Law of England...
No, America didn't adopt the Common Law of England. You're slip is showing.
America adopted the concept of common law, not English Common Law itself. Once our courts were established and cases were decided our own common law was made.

Minor vs. Hapgood did not survive the enactment of the Women's Suffrage Amendment...
I've never heard of Minor vs. Hapgood? Got link?

Your mistakes are critical in your misunderstanding.

153 posted on 04/04/2012 10:03:08 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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