This is correct in that if a mistake is made in the original problem (case) then the mistake is perpetual until someone has the brains to re do the problem (case) from scratch. No case that is presented to the Supreme Court should rely solely on case law except the items presented only in this case and the original intent of the Constitution. All cases presented to the Supreme Court should be start with "Where in the Constitution can anything that would reference this be found" Only when you get back to the "bedrock" and examine all of your assumptions can you come to a "Constitutional Decision" The problem with case law is that damages can be perpetuated forever until someone has the brass to go back and re-do the problem. John Wayne In a message dated 5/19/2010 6:56:13 A.M. Eastern Daylight Time, [email protected] writes:
Constitutional law is supposed to be legitimized by the Constitution. Nominees should be versed in how decisions are arrived at, not just the decisions. Our philosophy of law should be stated. And if judges have to cite the philosophy, they might arrive at a different decision. It would be like this. If there is one fault in the chain of reasoning, all the following conclusions are incorrect. Math would be an example. If there is a flaw, then the rest of the conclusions are suspect. Roderick T. Beaman,D.O. Board Certified Family Physician Protect freedom. Disarm the government. ____________________________________ From: earl reese <[email protected]> To: [email protected] Sent: Wed, May 19, 2010 3:42:46 AM Subject: Re: [LibertarianExchange] Elena Kagan Agreed but what is the difference between the law which the Constitution makes possible and the philosophy of law as allowed by the Constitution? I'm a little slow and this question is not meant to be rhetorical. I need help here. On Thu, May 13, 2010 at 11:55 AM, Roderick T. Beaman <_crazylibertarian@ yahoo.com_ (mailto:[email protected]) > wrote: When Pres. Barack Obama presented Elena Kagan as his next Supreme Court nominee, he cited her expertise in constitution law. He did not cite her expertise in the Constitution, only constitutional law. As one pundit has observed, I think it was Gary North, law schools teach case law, not philosophy of law. I think something is wrong with that. Roderick T. Beaman,D.O. Board Certified Family Physician Protect freedom. Disarm the government. -- Earl One hundred victories in one hundred battles is not the most skillful. Seizing the enemy without fighting is the most skillful. Never will those who wage war tire of deception. Sun Wu (Tzu)
