Through its interpretation of existing laws, new laws are created by cities, states and Congress.
You'll agree that these entities have power to create law by the legislative process. So please tell me, if you can, which of these entites "created" the law that requires a criminal defendant to be provided with an attorney if he cannot afford one? Which created the law that calls for suspects to be Mirandized?
The Cohan Rule was created by the Supreme Court; NEVER by any legislature. In fact, after 60+ years, Congress actually passed a law that was effectively based on the Cohan Rule in 1986, specifically, in the Committee Reports, referring to Cohan as the basis for the law. Cohan was created in the Supreme Court, NOT by any legislature.
As to the BS you cited, it obviously is not on-point and in no way addresses the point. The Supreme Court, as well as other courts, are one of the MAJOR sources for new law. Yes, they interpret existing law, and in doing so, create new law.
My uncle worked two jobs so he could get his doctorate in dual majors and teach this shit [and French] at the university level.
With all due respect to your uncle, HE isn't the one here talking about crap he doesn't understand. YOU are.
YOU CONTINUE TO BE WRONG AND STILL CAN'T ADMIT IT. JUST SAY IT: "I WAS W-R-O-N-G." It will do you good. Hell, you may develop an entirely new, more reasonable personality out of it. |