President Barack Obama Message Board

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Politics : President Barack Obama

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To: TimF who wrote (55023)	5/29/2009 1:49:41 PM
From: nigel bates	Read Replies (3) of 149317

>>It took the principles from that English Common Law had developed, but they are mostly incorporated in to statue law. To the extent you have any common law type process still operating as a principle of our legal system, it can be overwritten by statue law, and should automatically be overridden by any contrary part of the constitution...<< That is no different from the operation of common law in the UK (apart from the written constitution), but it doesn't change the fact that judges can, should and do make law. The extent of habeas corpus rights, as guaranteed by the Constitution are an excellent example of this. Unless, of course, you take the Gonzales line. >>Its not an issue of confusing empathy with sentimentality<< It is if you are arguing that empathy is a quality which should count against judicial candidates. >>The issue is whether either takes precedence over the actual law.<< No it's not. No one - and certainly not Sotomayor - has ever even suggested that.

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