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?
Think, fog's breath, think! Legislation was needed to establish the Cohan Rule. A court's interpretation may have set up the basis for the Cohan Rule but legislation is needed to flush out the details and make it a workable aspect of tax law.
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.
Stupid is as stupid does!
You like to stay off point so you can make up the rules as you go along. Its how you argue on this thread. Fortunately, our gov't is not so poorly structured. The Miranda Act and the Cohan Rule were put into law with legislation, and not by the SC.
Maybe in another life you will get it! Your head's to far up your butt in this one! |
