SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Politics : Formerly About Advanced Micro Devices
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  
To: tejek who wrote (163791)3/13/2003 6:46:37 PM
From: i-node  Read Replies (1) of 1573849
 
The Court did not change the law; instead it said certain laws passed by either Congress or state legislatures were unConstitutional. In other words, the Constitution never permitted the laws in the first place, and so they should not have been created.

I thought we resolved this. Courts create new law every day, and in every law course I've ever been in the courts are listed as a primary source of new law.

In the examples I gave, Miranda absolutely did create a new law. Prior to Miranda, nobody had ever heard the phrase "you have the right to remain silent". After Miranda, if you are arrested and don't hear it, you walk. That is creating law, any way you look at it.
Report TOU ViolationShare This Post
 Public ReplyPrvt ReplyMark as Last ReadFilePrevious 10Next 10PreviousNext  

HomeMailHotSubjectMarksPeopleMarksKeepersSettings
Terms Of UseContact UsCopyright/IP PolicyPrivacy PolicyAbout UsFAQAdvertise on SI
© 2025 Knight Sac Media.  Data provided by Twelve Data, Alpha Vantage, and CityFALCON News