Quote:
Originally Posted by Mr Downtown
Yeah, you'll probably want to do further research before filing your amicus brief.
The Public Trust Doctrine is federal common law. It's doubtful that even Congress could change it.
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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.
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