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Old Posted Sep 21, 2018, 2:41 PM
Notyrview Notyrview is offline
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Join Date: Dec 2012
Location: New York City
Posts: 1,648
Quote:
Originally Posted by Laife Fulk View Post
By definition of it being common law, any new statue passed by Congress and signed by the President immediately supersedes common law. The courts have the right to judicial review and could find the law to be unconstitutional, but common law exists only in the absence of statutory law. Since The Public Trust Doctrine comes from Illinois Central Railroad v. Illinois, 146 U.S. 387 (1892) and was ratified in Martin v. Waddell’s Lessee years later, Congress absolutely has the ability to enact new legislation to create new, superseding federal law.
Exactly. Mr Downtown, you're wrong again and once again draw an erroneous and hyperbolic conclusion to make your point bc you can't really articulate why you support the turds of the park, other than some transparent forum grudge.

The judges don't even have to find the law unconstitutional. They can make an exception based on the circumstances, and use a test to weigh the harm done to the friends of the park against the overwhelming good done to the public by having the Obama Foundation there. Judges do that all the time, especially with the common law.

Last edited by Notyrview; Sep 21, 2018 at 2:54 PM.
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