Tuesday, September 22, 2015

Common law and Constitutional law


HT: Louis

1 comment:

  1. Louis,

    can you comment on this from that::::>

    "... The Framers created a constitution designed to preserve self-rule, and outsourcing the discovery of good social norms to a branch with so little accountability compared to the other two hardly seems consistent with the judicial power was it was understood in Article III and described above. Accordingly, giving them the power to “discover good social norms” is not simply the pragmatic problem of today’s legal culture not identifying as good of norms as the Founding’s, but rather a doctrinal problem because it is outside the realm of the judicial power afforded to the Court via the Constitution. "

    Give me some examples where this occurred or some cause for it to occur.