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To: woodpusher
The precedential holding in the Supreme Court case of Texas v. White, 74 U.S. 700 (1869) is the law of the land until the Constitution is amended, or the Court issues a superseding opinion.

That's called Common Law.

Not interested, because it, as far as I am concerned, like the Abortion "Law", is just another example of made-up Law, or Legislating from the Bench.

There is nothing in the US Constitution that deals with this directly, however, just the first two sentences of the Declaration of Independence speaks volumes about this subject by the Founders:

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

155 posted on 06/21/2022 11:18:50 PM PDT by SoConPubbie (Mitt and Obama: They're the same poison, just a different potency)
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To: SoConPubbie
The precedential holding in the Supreme Court case of Texas v. White, 74 U.S. 700 (1869) is the law of the land until the Constitution is amended, or the Court issues a superseding opinion.

That's called Common Law.

Not interested, because it, as far as I am concerned, like the Abortion "Law", is just another example of made-up Law, or Legislating from the Bench.

Each of the thirteen original colonies adopted so much of the English common law as was not inconsistent with the Constitution, and did so explicitly in their state constitution or in state statute law. The Federal government uses the common law system of jurisprudence, along with 49 of the 50 states. Having been a French colony, Lousiana retains its civil system derived from the Napoleanic code system of law.

Black's Law Dictionary, 11th Ed.

common law, n. [fr. Law French commen ley "common law”] (14c) 1. The body of law derived from judicial deci­sions, rather than from statutes or constitutions; caselaw . Cf. statutory law.

“Historically, [the common law] is made quite differently from the Continental code. The code precedes judgments; the common law follows them. The code articulates in chapters, sections, and paragraphs the rules in accor­dance with which judgments are given. The common law on the other hand is inarticulate until it is expressed in a judgment. Where the code governs, it is the judge’s duty to ascertain the law from the words which the code uses. Where the common law governs, the judge, in what is now the forgotten past, decided the case in accordance with morality and custom and later judges followed his decision. They did not do so by construing the words of his judgment. They looked for the reason which had made him decide the case the way he did, the ratio decidendi as it came to be called. Thus it was the principle of the case, not the words, which went into the common law. So historically the common law is much less fettering than a code.” Patrick Devlin, The Judge 177 (1979).

...

2. The body of law based on the English legal system, as distinct from a civil-law system; the general Anglo-American system of legal concepts, together with the techniques of applying them, that form the basis of the law in jurisdictions where the system applies . Cf. civil law (1).

• American common law. (1813) 1. The body of English law that was adopted as the law of the American colonies and supplemented with local enactments and judgments. 2. The body of judge-made law that developed during and after the United States’ colonial period, esp. since independence. — Also termed Anglo-American common law.

“Every country has its common law. Ours is composed partly of the common law of England and partly of our own usages. When our ancestors emigrated from England, they took with them such of the English principles as were convenient for the situation in which they were about to place themselves. It required time and experience to ascertain how much of the English law would be suitable to this country. By degrees, as circumstances demanded, we adopted the English usages, or substituted others better suited to our wants, until at length, before the time of the Revolution, we had formed a system of our own, founded in general on the English Constitution, but not without considerable variations.” Guardians of the Poor v. Greene, 5 Binn. 554, 557 (Pa. 1813).

The United States adopted the common law system of law. Take away judicial precedent and we would have no system of law.

As you are not interest in court opinions, or the common law, I suggest you not bother to read my posts, or anything from the federal courts, or anything from any state courts outside of Louisiana.

You quote the Declaration of Independence. That was a political declaration. It was never the law of anyplace. It is not citable as law in the United States. We are a nation of laws, not philosophies.

We use the common law system. Deal with it. If you believe you would prefer the Civil law code system, have fun. If you prefer anarchy, you can always try to revive CHOP or CHAZ.

157 posted on 06/22/2022 3:54:49 PM PDT by woodpusher
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