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- Xref: sparky misc.legal:23071 alt.censorship:10069 alt.society.civil-liberty:7480 alt.politics.usa.constitution:1530
- Newsgroups: misc.legal,alt.censorship,alt.society.civil-liberty,alt.politics.usa.constitution
- Path: sparky!uunet!boulder!ucsu!ucsu.Colorado.EDU!fcrary
- From: fcrary@ucsu.Colorado.EDU (Frank Crary)
- Subject: Re: Shouting "Movie!" at a Fire Station (Schenck v US)
- Message-ID: <1993Jan22.025924.2532@ucsu.Colorado.EDU>
- Sender: news@ucsu.Colorado.EDU (USENET News System)
- Nntp-Posting-Host: ucsu.colorado.edu
- Organization: University of Colorado, Boulder
- References: <C14LK2.MAK@panix.com> <1993Jan20.061301.2539@ucsu.Colorado.EDU> <bob1.727643881@cos>
- Distribution: usa
- Date: Fri, 22 Jan 1993 02:59:24 GMT
- Lines: 24
-
- In article <bob1.727643881@cos> bob1@cos.com (Bob Blackshaw) writes:
- >Excuse a legal neophyte, but I was under the impression that our
- >civil code, much like the English code, is based on, or rather,
- >makes extensive use of precedent. If this is so, then *any*
- >decision by the SC could and would be used as a precedent. This
- >is not exactly making law so much as interpreting it, but if
- >the interpretation is radically different than any that had
- >gone before, it is at least giving an old law a new twist.
-
- Essentially, that's what I'm objecting to: Interpertations
- that are radically different from the original law. The
- Court is certainly within it's power to clear up vague,
- unclear portions of the law, and their decisions on the subject
- are cited in future cases. However, I think authority is
- limited to interpertations consistant with the original text
- and intent of the law. (I.e. I don't think it's reasonable to
- read, "Congress has the power... to regulate Commerce... among
- the several States" as saying "Congress has the power to prohibit
- discrimination in local businesses." The later may be desirable,
- but I certainly wouldn't call it a reasonable interpertation
- of the commerce clause.)
-
- Frank Crary
- CU Boulder
-