Archive for the ‘Marcus Pittman’ Category

Judicial Precedent as Law – Summary

September 28, 2015

In America, judicial precedent is law. This is true even if it is true that:
a) Some of that law is bad law;
b) Some of that law is unconstitutional law;
c) Some of that law would be “honored in the breach”;
d) Some of that law outrages us;
e) Some of that law could be overturned tomorrow;
f) Some of that law is contrary to God’s law;
and we could probably think of many more to go with those.

The fact that judicial precedent is law in America can be seen in a variety of ways:
1) Look at dictionary definitions (I was told that this approach is un-American, but let the reader judge) http://turretinfan.blogspot.com/2015/09/taking-un-american-stance.html
2) Look up what it means that America is a “Common Law” jurisdiction as distinction from a “Civil Code” jurisdiction.
https://onlinelaw.wustl.edu/blog/common-law-vs-civil-law/
https://www.law.berkeley.edu/library/robbins/CommonLawCivilLawTraditions.html
https://en.wikipedia.org/wiki/Common_law
3) Look up what the expression “case law” means (not in reference to the Torah, but in reference to the American legal system)
http://dictionary.law.com/Default.aspx?selected=148

Now, Jordan Hall​, Marcus Pittman​, and Joel McDurmon​ have all expressed disagreement with my thesis – and they are all talented brothers in Christ. But on this point they are wrong, and not just white shoes after Labor Day wrong – they are as wrong as putting a “Tribble” caption on a photo of an Ewok, as wrong as thinking that “RC” in RC Sproul stands for “Roman Catholic”, and as wrong as Bruce Jenner’s current restroom choices.

There are lots of good reasons to oppose the new precedent set by the Supreme Court, but they don’t include the absurd notion that, because the decision is not legislation it is not law (the errant opinion expressed by Jordan and Marcus and defended by Joel).

So please, brothers. Stop it. Just stop it. The media get lots of things wrong all the time, but this is not one of those things. This is actually one of those rare cases where they’ve made an accurate statement.

-TurretinFan

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