Posted Sep 21, 2018, 2:39 PM
|
 |
Plenary pleasures.
|
|
Join Date: Oct 2004
Location: CHI/MRY
Posts: 4,786
|
|
Quote:
Originally Posted by Laife Fulk
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.
|
Welcome to the forum!
__________________
Don't be shy. Step into the light.
|
Threaded Mode