About legal precedents..
Again, I am not a lawyer. But any layman with a bit of knowledge and interest can plainly see that SCOTUS and it’s inferior courts all use case law to decide and to argue current cases..This gives the decisions continuity,
As the body of law grows these precedent decisions become like the index to legal decision making. If they become corrupted along the way as these are imperfect men, and they make a bad decision and they never reject or correct it, then every case that follows is bad as well. This happens frequently and it’s so common that we don’t even remember all of them.
Since Trump has misused the tern pathological, I will now use it correctly. Congress and it’s judicial branch brother, have become pathologically defective functionaries who continue to diverge their thinking and precedent law away from the original intent of the Constitution. It’s pathological because they don’t know they are doing it, and will argue that point vociferously.
It’s now even worse as they begin to pull new legal precedent (if they can’t find it in Europe) out of their asses.
It’s broken...It’s corrupted...it’s un-repairable in my view.
At some point in the future there will be a opportunity to reboot the system after the government fails.. I hope that whoever is left, loves the constitution and saves it, but destroys, (reformats) the rest so that the corruption is no longer a threat.
Even with that, measures must be taken to prevent it from recurring, because these imperfections in men are like a mathematical constant. It is always there.
As the body of law grows these precedent decisions become like the index to legal decision making. If they become corrupted along the way as these are imperfect men, and they make a bad decision and they never reject or correct it, then every case that follows is bad as well. This happens frequently and it’s so common that we don’t even remember all of them.
Agree 100% - SCOTUS will not be the driving force in any return to genuine Constitutionality and will in some areas be a hindrance.