A bad grade that changed the U.S. constitution (2017)

Re:A bad grade that changed the U.S. constitution (2017) by dundarious on Wednesday August 04, 2021 @09:24PM (#28068630)

That's how Common Law has always worked, no? Judges make law. I would guess the rate of Amendments is inversely proportional to the stability of the country (static borders, no more domestic wars, increasing body of case law/precedent).

Textualists and originalists seem to be Civil Code fans in Common Law clothing.

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Re:A bad grade that changed the U.S. constitution (2017) by lmm on Wednesday August 04, 2021 @09:26PM (#28068646)

Judges fill out the details of law that aren't in the statutes, but they're not meant to create substitute statutes from whole cloth.

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Re:A bad grade that changed the U.S. constitution (2017) by xxpor on Wednesday August 04, 2021 @11:47PM (#28069642)

Sure they are. Michigan still has no murder statute. (There's a penalty statute, but the actual definition is common law).

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Re:A bad grade that changed the U.S. constitution (2017) by lmm on Thursday August 05, 2021 @12:38AM (#28069924)

There is non-statute common law from time immemorial, sure, but later law is supposed to be grounded in the stautes.

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