Case Law [sic]
Sam Aurelius Milam III
Here's
a definition.
| sic, adv. [L.]
Thus; it is so; in a quotation, used within brackets in order
to call attention to the fact that the quotation is literally given, though
containing an ingrammaticism or a misstatement; as, whom [sic]
do men say that I am?
—Webster's Universal Dictionary
of the English Language, 1910-1911 |
I'll
extend the usage to such things as the title of an article, such as Case
Law [sic], above. Why? The next definition provides the
reason.
| Law vs. Legislation — The term law properly addresses things that are inherent or fundamental. It addresses things that men observe or discover, such as the law of gravity or the law of supply and demand. Laws operate of their own accord, whether or not any man is even aware of them. They don't require enforcement by men. Any violation of a law will result in a consequence, without the intervention of men. The term legislation properly addresses the proclamations and declarations of men, usually intended to compel or to prohibit some specified behavior. Legislation doesn't operate of its own accord. The violation of legislation might not cause any consequence at all unless such violation is observed by men and such consequence is enforced by men. |
As
it happens, case law [sic] is inherently unconstitutional in the USA.
Here's the reason.
| All legislative powers herein granted
shall be vested in a Congress of the United States, which shall consist
of a Senate and House of Representatives.
—Constitution for the
United States of America Article I, Section I, clause 1 |
Thus,
the writers of the U.S. constitution intended that only the Congress, consisting
of only the Senate and the House of Representatives, could make legislation.
Court decisions were not intended to have the effect of legislation.
That fact was previously known and acknowledged.
| JUDGMENT .... The judgment must confine itself to the question raised before the court, and cannot extend beyond it. For example, where the plaintiff sues for an injury committed on his lands by animals owned and kept carelessly by defendant, the judgment may be for damages, but it cannot command the defendant for the future to keep his cattle out of the plaintiff's land. That would be to usurp the power of the legislature. A judgment declares the rights which belong to the citizen, the law [sic] alone rules future actions. The law [sic] commands all men, it is the same for all, because it is general; judgments are particular decisions, which apply only to particular persons, and bind no others; they vary like the circumstances on which they are founded.... |
If
the courts were in compliance with the U.S. constitution, then every case
would be tried entirely from scratch, without any reference at all to any
previous case. Between 1889 and 1979, some big changes happened.
| Case law [sic]. The aggregate
of reported cases as forming a body of jurisprudence, or the law
[sic]
of a particular subject as evidenced or formed by the adjudged
cases, in distinction to statutes and other sources of law [sic]....
— Black's Law [sic] Dictionary, 1979
X
<underline added> Judge-made law [sic] …. It is perhaps more commonly used as meaning, simply, the law [sic] established by judicial precedent and decisions. Laws [sic] having their source in judicial decisions as opposed to laws [sic] having their source in statutes or administrative regulations. —Black's Law [sic] Dictionary, 1979
<underline added> |
So,
the entire judicial process in the United States is in violation of the
U.S. constitution. It appears that everybody involved is too stupid
to notice. It's just one more argument in favor of my advocacy of
personal
sovereignty. What sane and intelligent person would want to be
a citizen of a government in which even the courts can't follow a few simple
rules?
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| March 2011 | Frontiersman, c/o 4984 Peach Mountain Drive, Gainesville, Georgia 30507 | Page 1 |
