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To: nascarnation

RE: In my view Ivy Leaguers and especially Ivy League lawyers are the #1 cause of destruction of the Republic since 1932 and Franklin Roosevelt.

“I would rather be governed by the first 2000 names in the Boston phone book than by the 2000 members of the faculty of Harvard University.” — Yale Graduate, William F. Buckley Jr.


23 posted on 02/24/2015 1:21:27 PM PST by SeekAndFind (If at first you don't succeed, put it out for beta test.)
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To: SeekAndFind

I’m sorry, but education is not part of the problem, nor are lawyers themselves.

The problem is that we have a legal system based on case precedent, rather than the adherence to the rule of law. The result over time is that precedent gets further and further from any direct relation to written law, and the Constitution and founder’s intent, to the Constitution’s limitations on government now having no relevance to court decisions.

The Constitution was deliberately lain out with the intent of strictly limiting government to only specifically enumerated powers, and among design is the intent to keep the Courts (government itself) from making laws from the bench. Courts only legitimately apply to the law to the facts at hand.

Contrary to popular understanding, the 7th Amendment does not actually guarantee the right to a trial by jury in all instances, but rather does so specifically in “suits at common law”. Common law is referenced, not to elevate it, but rather because under common law practice in Britain the Courts themselves decided “what the law is” in cases where there was no existing law. BY this, the 7th Amendment deliberately guarantees that right to a trial by jury in common law, where there is no applicable written law, so that the Court itself will not be creating law.

Yet in a judicial system so heavily based on precedent, rather than direct reference to written law, we are actually having the Courts write law from rationalizations of previous case decisions.


42 posted on 02/24/2015 2:02:39 PM PST by LibertyBorn
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