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Politics : Formerly About Advanced Micro Devices -- Ignore unavailable to you. Want to Upgrade?

To: i-node who wrote (163600)	3/10/2003 1:55:55 AM
From: tejek	Read Replies (1) \| Respond to of 1573857

http://www.lectlaw.com/def/c070.htm "The U.S. is a common law country. In all states except Louisiana (which is based on the French civil code), the common law of England was adopted as the general law of the state, EXCEPT when a statute provides otherwise. Common law has no statutory basis; judges establish common law through written opinions that are binding on future decisions of lower courts in the same jurisdiction. " Look, in the process of interpreting/opining about the law, the courts do establish new law. Before Roe vs Wade, abortions were forbidden by law. After the Court's ruling, abortion was no longer forbidden in the first trimester; however, abortion clinics could not be established until state legislatures passed laws enabling them. Did the courts establish a new precedent re. abortions....yes but it took 50 acts of state legislatures to make it the law throughout the land. This issue goes to the very heart of what our FF intended. They created three branches of gov't......the courts, the legislature and the executive branch. The courts were to administer and interpret the law, the legislature to create the law and the executive branch was to enforce the law. While there is some overlap, it was intended to be fairly minimal in order to prevent one branch from usurping the powers of another. So while the courts do create the basis for law from time to time, most laws in this land originate with state legislatures and Congress. Think about it......do you believe any court ruled that running a red light warranted a point against your license and a $150 fine? The courts only interpret law when there is confusion or dissent re. a law, and while that does happen from time to time, its not the reason for the existence of most of our laws. ted