22
votes
Accepted
On the (Equi)Potency of Each Organic Law of the United States
Does this mean that all four of the above are "equipotent"?
No. The inclusion of these foundational documents in the Front Matter of the United States Code does not indicate anything ...
- 5,277
12
votes
On the (Equi)Potency of Each Organic Law of the United States
No. The U.S. Constitution as adopted in 1789 and amended at later dates is the supreme law of the land.
The Declaration of Independence and the Articles of Confederation no longer have any force or ...
- 185k
8
votes
Accepted
Does being overturned on appeal have consequences for the careers of trial judges?
canada
The mere fact of being frequently overturned on appeal would only have reputational consequences and secondary effects on career advancement (not suggesting these are minor effects).
But being ...
- 35.7k
7
votes
Does being overturned on appeal have consequences for the careers of trial judges?
united-states
Does being overturned on appeal have consequences for the careers of
trial judges?
In general no. Indeed, federal judges serve for life. And, judges in some state courts serve for life,...
- 185k
5
votes
On the (Equi)Potency of Each Organic Law of the United States
These writings are not equipotent legal authorities.
The U.S. Constitution, which was enacted later than all the others, declares itself "the supreme Law of the Land," giving it -- as well ...
- 55.8k
5
votes
On the (Equi)Potency of Each Organic Law of the United States
They are not equipotent. Today, only the Constitution and Northwest Ordinance, actually has force of law (having superseded the Articles of Confederation completely), the latter being being a law ...
- 8,707
3
votes
Accepted
When does a judge decide to address issues outside the scope of a specific case?
These decisions are inherently individual. The judge in this case explained the reasons why he thought it would be helpful to set out the full context of organized pseudo-legal commercial arguments. ...
- 35.7k
3
votes
do Judges have the power to interpret a law contrary to the drafters intent?
The power definitely exists, and it is also said by some (respectable persons) that they have a duty to do so.
There are many schools of legal interpretation. One trend is to attempt to discern ...
- 206k
2
votes
do Judges have the power to interpret a law contrary to the drafters intent?
Since you are asking on law.SE, I will assume you are asking about the legal principles that drive interpretation.
In canada, the current approach to statutory interpretation is that:
Today there is ...
- 35.7k
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