"Legal Precedent"...the enemy of the Constitution and Our Constitutional Republic.
Over the past 100 years or so, law schools have been pumping out lawyers who fail to truly grasp the importance of the fact that anything which violates the Constitution is automatically void. Law Schools almost unanimously fail to teach the "Supremacy Clause:"
"U.S. Constitution, Article Six, Clause 2:
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
I mean, I am sure they mention it. I am sure it's on a quiz or a test every now and then. I am sure law school professors may even give lip service to the FACT that The Constitution is the Supreme Law of the land. But, everything else they do is built on the faulty ideal of "legal precedent"...i.e. the idea that previous decisions of other judges and courts must be considered nigh infallible in determining current cases.
The term precedent is defined in every day usage as:
"An earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances."
While that is basically what it means in the courts too, the problem is with the "example or guide" part. Instead of merely existing as an example, precedent is now often used as GOSPEL..i.e. a previous decision upon which the current case MUST be judged. That is deadly to republican (small "r" intentional) government. People are fallible. Even judges...EVEN TWELVE JURORS..who, these days are mostly picked for their LACK OF KNOWLEDGE about legal matters-- and especially about juror's rights and the Constitution-- make mistakes. No juror is ever told the truth anymore..that they have the right to BOTH decide the facts in the case, but ALSO to determine if the law being applied is fair and or CONSTITUTIONAL. Thus, when the jury receives the judge's "instructions" (which are not at all Constitutional) the jurors are told they must decide the case PURELY based on the evidence presented, and can not consider if the law being applied it righteous or legitimate under Common Law and the Constitution.
When a bad decision is reached--whether by judge or jury--the legal precedent system results in the codification of BAD LAW. These bad decisions are then leaned on in future court cases to result in MORE BAD LAW. When a decision in a case departs from the Constitution, it should immediately be found null and void via The Supremacy Clause, but this seldom happens anymore. Instead, "legal precedent" becomes a horribly destructive form of the "Rumor Game," where people sit in a circle, and whisper a phrase into each other's ear. What inevitably emerges is a total bastardization of what went in, and this is what happens with legal precedent. The "law" inevitably, over time, departs further and further from the Supreme Law of the land, making a mockery of "the law" in the eyes of the people.
Marxists, liberals and leftists LOVE "legal precedent." It is pennies from heaven for people whose every waking breath depends on trashing our Constitutional Republic and replacing it with a totalitarian police state based on Communism. Sadly, most of our citizens are now (often unbeknownst to themselves) COMMUNIST in their thought processes and political orientations (if they have any political orientation at all.) It's not their fault. Schools don't teach Constitutional republicanism or civics. The Mainstream media has been dominated by Communists since at least the 1930s, and supports the ideals of Communism, belittling conservatives and Constitutionalists at every opportunity.
Legal precedent is the means through which the Constitution has been gradually eroded since at least the time of "The Gilded Age" when the very wealthy realized they could buy Congressman and other politicians to do their bidding just as they might buy a mink coat or a Rolls Royce. Rolling back the nation's addiction to illegal "legal precedent" is one of the things which must happen if we are going to survive as a nation.
Make no mistake, the vast majority of politicians and lawyers (from which most politicians are drawn) actually hate the U.S. Constitution, because it is there to reign in the power of wealth and privilege, and that is what lawyers and politicians live for. They LOVE legal precedent because it is a means to an end..an end they would never admit to publicly, but the end of our Constitutional republican form of government, all the same. Some don't know any better. Some are fully aware of their treason. All are equally dangerous and must be stopped.
howdy @mepatriot! man this is dangerous..and that's the problem with the quote you gave about Trump's Supreme Court nominee. I don't think putting that much importance on Precedence makes much sense but now we can see why the left is desperate to get liberals on the court and in lower courts. great post but you better be careful, gonna wake some people up or at least make them think!
Precedent has a place, but it should be CONSULTED, not glorified and followed, religiously. Half the time, precedent should be being over-ruled or ignored. But that probably happens less than 10% of the time now.
"but it should be CONSULTED, not glorified and followed, religiously."
Such a status is reserved for the Constitution as the supremacy clause and rule 56 (a gate keeper rule) mandates.
Indeed.
oh boy. that makes perfect sense that it should be, if it goes against the Constitution.
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A Declarations of Individual Sovereignty
Few people understand the concept of individual sovereignty as it pertains to citizenship and fewer still understand that it is the basic building block of Power within our own Constitutional Republic. Below is an early Supreme Court opinion written by Justice John Jay, the first Chief Justice to be appointed to the Supreme Court. I have been told by an attorney that the idea or concept of individual sovereignty was a “big & lie” and that sovereignty devolved to the people as one body for the whole. While such a notion violates the existence theorem and has no precedent to protect it from being categorized as belonging to the class of fictions, I have footnoted the following passage to help the readers decide on their own whether Chief Justice Jay is referring to the individuals collectively as a whole or whether he is referring to the whole body as separate individuals.
Excerpt : Reformation Of Union State Sovereignty The Path Back to the Political System Our Founding Fathers Intended– A Sovereign Life, Liberty, And a Free Market By M. Kenneth Creamer
It is the first PDF on this web page. Links keep breaking so get it fast.
https://www.nationallibertyalliance.org/common-law-documents
Atourney's twist the law. They cannot operate in law, but must operate at law.
Links keep breaking>???
Hmmm.....
Yeah it is funny, cause when I mention that the links keep breaking they stop. I think NLA is under constant attack, but I cannot be sure that it isn't my own ignorance. I am slowly learning better and hope to know for certain soon.
It's pretty safe to assume that any important source for conservative/Constitutional knowledge is always under attack in 2018 Amerika.