EUROPEANS AND OUR LEGAL ORIGINS
Authority by prohibiting authority.
Social Engineering by prohibiting social engineering.
Forcing all into adaptive service of one another.
Maximizing Self Determination and Natural Selection
Transcending man into gods.
EUROPEAN RULE OF LAW
Creating harmony in continuous adaptation by market disharmony where every other person is both a potential competitor and customer and productivity and reciprocity necessary for survival. Our strength and weakness is resulting adaptive tolerance and trust.
European common law functions as a continuous ledger of the discovery of, and incremental suppression of, irreciprocity under self-determination, sovereignty, reciprocity, and duty. Our law is scientific legal accounting, and Jewish law is only wisdom literature.
STRICT CONSTRUCTION VS TEXTUAL LITERALISM
Under Textualism, ‘Strict Construction’ ~means “take the text literally”. Under P-Law, which is also textual, ‘Strict Construction” means Legislative, Regulatory and Case law must be built from the first principle of self-determination, sovereignty, reciprocity, and duty.
In other words, the meaning of strict construction is in P-law reflects the common-sense meaning. The legislature, State, or Court must justify (write a proof of) its authority to impose such an Act.
DECIDABILITY
In European Empirical Tradition Judges do not make law, they apply law and discover new applications of it. They DISCOVER applications of the law. The feedback loop was broken at modern rates of change because there is no constitutional route for forcing the legislature rule.
NECESSARY REVISION OF OUR CONSTITUTION
No Judge under the natural common law, may deprive legislature or people of choice by creating case law for social, political, economic, or strategic reasons, rather than applying the original intent of law to the present case before it. Natural law itself prohibits judges from that ‘THEFT’ from the commons. Judicial legislation from the bench enfeebles the legislature, which enfeebles the people, and descends into arbitrary kritarky of the jews and muslims.
JUSTICE SCALIA AGREED
The constitution does not define common law, dependence on natural law, or the means by which justices interpret the law, but he doesn’t want congress telling the court that. So even an amendment man not fix the ‘pilpul-ization’ of our law.
SCALIA’S LIMITS
However, despite Scalia’s success at restoring scientific law, despite Jewish attempts to undermine it from activism within the academy, and profession, he lacked the formal knowledge of how to explain WHY. But at least he gave us a recipe of 13 failings to fix.
Source date (UTC): 2021-01-07 23:55:01 UTC
Original post: https://gab.com/curtd/posts/105517134488813132
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