TheProgressivePatriot
Gold Member
I find it hard to believe just how fucking stupid you are!! Do you ever read and research anything before you spout off, or are just so delusional that you have convinced yourself that you actually know this stuff.??Ah yes....the old "Case Law". The battle cry of the fascist progressive furious that the U.S. Constitution prevents them from enforcing their bat-shit crazy views on their fellow American citizens.While marriage is not an enumerated right in the original document, the Supreme Court has ruled on numerous occasions that it is a right- that is called case law incase you don't know and I don't think that you do. Case law carries the force of law and becomes part of the body of constitutional law.
Sorry snowflake - but "Case Law" is a made up left-wing term. Please show me in the U.S. Constitution where it states that Supreme Court rulings instantly become constitutional law? Where exactly is this mysterious "Case Law Clause"? If you can't show it (and....I assure you.....you can't) - then it doesn't exist. And you're just another frustrated progressive snowflake spreading propaganda to push your bat-shit crazy agenda.
case law
Legal principles enunciated and embodied in judicial decisions that are derived from the application of particular areas of law to the facts of individual cases.
As opposed to statutes—legislative acts that proscribe certain conduct by demanding or prohibiting something or that declare the legality of particular acts—case law is a dynamic and constantly developing body of law. Each case contains a portion wherein the facts of the controversy are set forth as well as the holding and dicta—an explanation of how the judge arrived at a particular conclusion. In addition, a case might contain concurring and dissenting opinions of other judges.
Since the U.S. legal system has a common-law system, higher court decisions are binding on lower courts in cases with similar facts that raise similar issues. The concept of precedent, or Stare Decisis, means to follow or adhere to previously decided cases in judging the case at bar. It means that appellate case law should be considered as binding upon lower courts.
Since you apparently need to be spoon fed everything, this means that in the case of same sex marriage, states were in fact instantly bound to adhere to that ruling.. It became law just as surely as if it were passed by congress. It is a binding precedent that can only be overturned by SCOTUS or a constitutional amendment. It is constitutional, or more accurately unconstitutional to prohibit same sex marriage
As for the origins, our legal system is rooted in English common law .English Law And Doctrine Called Binding Precedent | Law Teacher
Here is more: Precedent - constitution | Laws.com
The ability for Supreme Court precedence to function as a force in the lives of Americans originates from the nation’s colonial roots in the governmental and legal system of England, which operates by the principle of common law, in which laws are developed through the decisions of judges and other authorities rather than placed in decisively fixed form. Judicial precedence is thus the essential cornerstone of this system, as is embodied in the Latin phrase stare decisis. Meaning “maintain what has been decided,” this principle holds that judicial decisions should be consistent with each other.
Now shut up!