4 ms·

Unfortunately, it's not the law of the land --- it's a judicial opinion, written in water and subject to change without notice. (Which is how judicial opinion

Unfortunately, it's not the law of the land --- it's a judicial opinion, written in water and subject to change without notice. (Which is how judicial opinion should be; this is just a good opinion that ought to be codified by the legislature.)

bombcar 4y ago
Too much of US law is actually judicial opinion - there should be some requirement that if a law is overturned/interpreted, that the legislature has to fix the original law (example: the Affordable Care act still insists it's not a tax even though it was ruled a tax).
- throw0101a 4y ago
  > Too much of US law is actually judicial opinion This is by 'design': * https://en.wikipedia.org/wiki/Common_law https://en.wikipedia.org/wiki/Common_law Not sure if it's possible to convert things: * https://en.wikipedia.org/wiki/Civil_law_(legal_system) https://en.wikipedia.org/wiki/Civil_law_(legal_system)
  - Teever 4y ago
    IANAL but in theory you don't have to convert the legal system to civil law to do away with the excess reliance on legal precedent in our society. If we had a healthy legislative system then things could be better codified in law that was passed by elected representatives. If we had a healthy legislative system.
    - splintercell 4y ago
      I feel that this whole attitude is coming from the latest Roe V Wade issue, but remember all Roe v Wade decision would be to send the power to regulate the issue of abortion back to the states. If there is a legislative will to do something at federal level, then in an alternate system of civil law too there wouldn't be a statute allowing abortion. In fact, without Supreme Court's Roe v Wade's 1970s decision, abortion would be pretty much illegal in the US (as it was, right before the 1970s decision).
  - sandworm101 4y ago
    There is no way that the US could convert to civil law. The country was founded on the common law of Britain. Widespread adoption of civil law would require the rewriting of literally all of the founding documents ... in a country where making even a tiny change to an amendment is forever a bridge to far. It would be a revolution, a new country.
    - kingcharles 4y ago
      The amusing thing is that most states in the USA actually incorporate all English law, usually prior to about 1600. So all those English statutes from say, 1100, like the Magna Carta, are still on the law books in the USA. Here is Illinois: (5 ILCS 50/1) (from Ch. 1, par. 801) Sec. 1. That the common law of England, so far as the same is applicable and of a general nature, and all statutes or acts of the British parliament made in aid of, and to supply the defects of the common law, prior to the fourth year of James the First, excepting the second section of the sixth chapter of 43d Elizabeth, the eighth chapter of 13th Elizabeth, and ninth chapter of 37th Henry Eighth, and which are of a general nature and not local to that kingdom, shall be the rule of decision, and shall be considered as of full force until repealed by legislative authority.
      - MockObject 4y ago
        Very interesting! I just learned that these are called Reception Statutes, adopted by all US states except Louisiana. https://en.wikipedia.org/wiki/Reception_statute#United_States https://en.wikipedia.org/wiki/Reception_statute#United_State...

bombcar 4y ago

Too much of US law is actually judicial opinion - there should be some requirement that if a law is overturned/interpreted, that the legislature has to fix the original law (example: the Affordable Care act still insists it's not a tax even though it was ruled a tax).

throw0101a 4y ago
> Too much of US law is actually judicial opinion This is by 'design': * https://en.wikipedia.org/wiki/Common_law https://en.wikipedia.org/wiki/Common_law Not sure if it's possible to convert things: * https://en.wikipedia.org/wiki/Civil_law_(legal_system) https://en.wikipedia.org/wiki/Civil_law_(legal_system)
- Teever 4y ago
  IANAL but in theory you don't have to convert the legal system to civil law to do away with the excess reliance on legal precedent in our society. If we had a healthy legislative system then things could be better codified in law that was passed by elected representatives. If we had a healthy legislative system.
  - splintercell 4y ago
    I feel that this whole attitude is coming from the latest Roe V Wade issue, but remember all Roe v Wade decision would be to send the power to regulate the issue of abortion back to the states. If there is a legislative will to do something at federal level, then in an alternate system of civil law too there wouldn't be a statute allowing abortion. In fact, without Supreme Court's Roe v Wade's 1970s decision, abortion would be pretty much illegal in the US (as it was, right before the 1970s decision).
- sandworm101 4y ago
  There is no way that the US could convert to civil law. The country was founded on the common law of Britain. Widespread adoption of civil law would require the rewriting of literally all of the founding documents ... in a country where making even a tiny change to an amendment is forever a bridge to far. It would be a revolution, a new country.
  - kingcharles 4y ago
    The amusing thing is that most states in the USA actually incorporate all English law, usually prior to about 1600. So all those English statutes from say, 1100, like the Magna Carta, are still on the law books in the USA. Here is Illinois: (5 ILCS 50/1) (from Ch. 1, par. 801) Sec. 1. That the common law of England, so far as the same is applicable and of a general nature, and all statutes or acts of the British parliament made in aid of, and to supply the defects of the common law, prior to the fourth year of James the First, excepting the second section of the sixth chapter of 43d Elizabeth, the eighth chapter of 13th Elizabeth, and ninth chapter of 37th Henry Eighth, and which are of a general nature and not local to that kingdom, shall be the rule of decision, and shall be considered as of full force until repealed by legislative authority.
    - MockObject 4y ago
      Very interesting! I just learned that these are called Reception Statutes, adopted by all US states except Louisiana. https://en.wikipedia.org/wiki/Reception_statute#United_States https://en.wikipedia.org/wiki/Reception_statute#United_State...