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Old Aug 12, 2010 | 1:58 am
  #53  
phenixdragon
 
Join Date: Aug 2010
Posts: 9
Case law is not the law is a fact, not an opinion. You can not show one legal document that shows that case law is the law. I can show you proof that says it is not legal. Even in April 9, 2009 the Supreme Court ruled on New Yorks v. Belton, a 1981 case. Their ruling came down that cops need a search warrant to search a car even if you have been arrested. This case was used as 'case law' which other cops use to search your car if they have arrested you. This case alone shows that case law is not the law and that what was being done based on this case was and is ILLEGAL. Just like it is NOT the law for a cop to read your Miranda Rights. Judges started throwing about case if they weren't read but there is NO WHERE in any legal law that requires Miranda rights read. This is only augured as case law but again, there is actually no law for Miranda Rights to be read and there is no law that says case law is the law. If case law was the law then it would bypass the laws on the books, it would bypass the legal systems we have, it would bypass the elected officials and voters. You have judges creating laws, not the elected officials and or the people.

And yes, the Constitution trumps all laws. The Federal governments duties are only what is specifically laid out in it, plus the Bill of Rights. States may allow the feds to do more then what they are legally allowed to do but they also have the right to not allow it. This is what we are seeing today with several States now nullifying Federal laws in their State.
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