The Case For Statutory Law

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Statutory law – the law as written – arguably ought to be the only law. Because it’s arguably the only legitimate law, in the sense that it was at least actually voted on/ratified by some of the people, at some point in time. (That whole business is a question for another time.)

Who ratified or voted for case law?

Far fewer people. A handful of mostly appointed lawyers called judges. Some are appointed for life and so completely unaccountable to the people who are subject to the laws they create by “interpreting” the statutory law in such a way as to alter and undermine the plain meaning and intent of the law such that – in time – it is replaced by an entirely new plethora of laws.

That is what “case” law amounts to.

If the words of say the 4th Amendment say no searches or seizures absent probable cause or a warrant based upon that, clearly  articulating exactly what’s being searched for, then no searches or seizures. Period. But case law says that law is not actually the law. Case law says there are “compelling state interests” and “exigent circumstances” and other such things that are nowhere to be found in the words of the statute because they are not there.

That’s why it’s now the law that you must submit to a random stop and search when out driving just because you happen to be out driving. It is why you are required to witness against yourself – under penalty of law – when you sign a tax form. Never mind what the Fifth Amendment – which is supposed to be the law – clearly states.

But how can such things become the law?

Why, because lawyers – judges – say so!

This is astoundingly effronterous when you think about it for even a little bit. The putative legitimacy of the law – as for example the Constitution – is that it was putatively submitted to the people, via putative representatives, who at least represent some of the people in a general sense. The proposed law is debated and then it must be agreed upon – ratified – by a majority of the putative representatives – at which point it becomes the law. That is to say, the governing document of the society whose putative representatives ratified it. This is not to say it becomes thereby a perfectly legitimate thing in that no contract is legitimate at all (including, ironically enough, in law) unless freely agreed to by everyone who is bound by it.

But let’s set that issue aside for a moment – and take a closer look at the effrontery of “case law.”

As in our case, for instance.

The federal Constitution – ratified by a majority of the states’ representatives  in 1788 – became the law and was accepted by the people (in principle) as legitimate. Because that was what they accepted. In italics to emphasize the importance of the point. Do you suppose the Constitution – and specifically, the Bill of Rights, which is very much part of the law that supposedly governs this land – would ever have been ratified had it been understood that the Fourth Amendment’s clear and outright forbidding of searches and seizures absent probable cause or a warrant could and inevitably would be altered (in the manner of Darth Vader altering his bargain with Lando Carlrissian) by a small cohort of black-robed shysters?

That exceptions to the clearly stated prohibitions for “exigent circumstances” and “compelling state interests” would be created ex nihilo by black-robed shysters claiming that such “circumstances” and “interests” were implied by the clearly stated language that actually said no such thing?

Voila – the effronterousness of the thing.

Case law obviates statutory law. It is a low but cunning shuck-and-jive that creates unlimited law – which is a good working synonym for government without limits. The entire point of having a Constitution and especially a Bill of Rights is to prevent unlimited law/government without limits. But the entire purpose of case law is to assure we end up with precisely that.

A well as something worse than that.

That being a piece of case law styled Marbury v. Madison. This case established the omnipotence of federal law – as decreed by case law. Not the statutory law that is the Constitution, with its specific delineations of (and so limitations upon) federal law. Rather, the case created ex nihilo – or rather, conjured by the ratiocinations of Chief Justice John Marshall – the now-accepted as law doctrine that the federal courts are the final arbiter of the law as they see it.

Mark the italics, again.

Marshall did not say the Constitution says this – because of course it doesn’t.

John Marshall said that the federal courts (the Supreme Court) are the final court of last resort, beyond which there is no further appeal. That the plain language of the law – the Constitution – says no such thing did not matter. It no longer matters – because Marshall’s case law is now the law.

It brings to mind the episode of the ’90s TeeVee sitcom, Friends – in which one of the characters, a kind of ditzy girl played by Lisa Kudrow, sings a little song to a group of kids about how we get hamburger.

Only that was funny and this isn’t.

. . .

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37 COMMENTS

  1. A law is by definition something that the people agree on. Since we people did not get to vote on ANY of the laws, then they are ALL null and void, and if there was one or two local laws that the people were allowed to vote on then those still don’t matter because the elections were all massively frauded.

    We people are in deep doo doo for believing it makes any sense to have “leaders” and “representatives”.

  2. Excellent article Eric,
    “Case law” is how we got the abomination known as ‘qualified immunity’ for AGW’s so they can murder anyone who disrespects them with zero consequences. It also enabled the highway robbery known as ‘civil asset forfeiture’ which turns the fourth amendment on its head. Last but not least as mentioned by others here are the magic words “national security” which gives Fedgov carte blanche to just do whatever the hell it wants.

  3. Let’s not forget the “administrative state” where unelected lackeys make the “rules” (law) as they go along.
    EVERY government edict made by unelected bureaucrats is constitutionally suspect (illegal).
    Congress should have to approve of any edict or change thereof made by any government agency without exception.
    One only has to observe the unconstitutional illegal edicts made by the ATF regarding forced-reset triggers, bump stocks and shoulder stocks where they keep changing their minds as to what is “legal” and “illegal”.

  4. Hamilton’s “implied powers” and Adams’ Alien & Sedition were just mere years after the ratification. Marbury v Madison was 1803 –so not even a generation after the Constitution was enshrined.

    It’s easy to say this in 2025, but had I been alive in my ancestral areas of Virginia, I’d have voted against the Constitution and kept the Articles of Confederation.

    • Fair point Mike,

      Hamilton was the sneaky bastard that performed all sorts of machinations to get the USC passed in the dead of night by nefarious means. He was a strong central government, central bank loving authoritarian kind of a dude…..unfortunately Aaron Burr waited until too late to eliminate him from the scene. The Jeffersonians were ascendant for a bit but the Hamiltonians won in the end producing the fecal blizzard we now live under…..but the empire is teetering….

  5. Just as we were meant to be a Republic, we were meant to have a system of common law, not admiralty law. It reminds me of the axiom, If the law is against you, argue the facts. If the facts are against you argue the law. If the law and the facts are against you jump up on the table howl like a banshee. Its a real nice system we have here. A judge can change the rules on a whim. And you tacitly agree to the system just by setting foot inside and/or crossing the bar. Its a club you and I ai’nt in. Only the lawyers, with their secret glory hole handshakes are given any respect by most judges. I think ole Billy S was right. Except now, there are so many corrupt lawyers, if we dumped them all in the ocean we would be poisoning a valuable food source, and wasting a significant amount of valuable milestones..

    OT, we watched Trump hold a master class on public relations with LA city/county officials. Sounds like he might do an EO to wave all EPA federal permitting so people can rebuild starting now. He demanded the locals do the same to lukewarm response. Also made no secret of his disdain for the lawyers. Leftist punk Brad Sherman looked like he was going to shit himself when Trump was done with him. Trump reminded me of the Cruise character in Tropic Thunder. Get up, take a step back from the table, and fuck your own face Brad.

    I am becoming mildly entertained.

    • Hi Norman,

      I usually do not watch the news, but I caved yesterday. Yes, my head is hung in shame. I watched two hours of Trump and Melania touring Cali. I also watched the LA press conference. I thought Trump did quite well and he seemed to have a lot more support, especially in the midst of a Democratic wasteland, than I would have originally thought. I loved how he went after Karen Bass asking her to allow the people to begin the clean up of their own properties immediately instead of waiting for it to be deemed “non hazardous” by the local authorities. He also pushed for swift rebuilding and asked LA and CA to expedite the permit process.

      Brad Sherman looked like an utter ass defending FEMA and parroting his Democrat talking points.

      I applaud Trump for visiting both NC and CA. He did what a President is supposed to do. I was also pleasantly surprised on how he actually listened to his own constituents and made overtures in defending them and pushing for them to return to their homes and land. Does anyone believe a “President” Harris would have done this?

      • No shame RG. the show is designed to capture our attention. Those narrative engineers have decades of practice.

        I was stuck in front of the Tee Vee with an elderly relative. Seems thats most of what occupies her time, watching faux news. So when in Rome…She actually wanted me to take her to the airport and see Trump. Sorry, traffic and all, it would have probably taken three hours to go the thirty miles.

        Trump seems to have benefited from the four years off. He is becoming quite presidential. Still sticking to my premise about Kamila and collapse. It is nice to see some pushback. Its a shame the bar is so low after forty years that little things seem like a lot. But I am grateful for the slight reprieve Trump may provide. Allows more time for stacking and traveling.

  6. Case law yes and other examples are regulatory laws, voter propositions and presidential executive orders (which can be simply be reversed by the next president). Urgh.u

  7. Case law is an abomination. A judge long ago made a decision that other lazy judges just accept in the name of “consistency”.

    Scottish law is superior in that each case is judged on its merits.

    Under the constitution, each branch of government gets to judge for itself how to apply the constitution. SCOTUS is not the final word by any legitimate designation.

    They usurped this power and should rightly be ignored.

    Additionally, no court decision can bind anyone other than the parties to a case. SCOTUS rulings have nothing to do with you or me unless you are involved in a case.

    Most federal court cases should be in federal court to begin with. SCOTUS was given power to judge a set amount of cases in Art III. Most federal laws and regs today were passed without constitutional authorization and are void.

    That doesn’t matter to Uncle Sam, whose only goal is to become fatter and fatter.

  8. We already have black-letter statutory law. Article VI of the Constitution affirms this:

    “This Constitution… shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

    It’s just that people don’t give a fuck about the plain-as-day “words on paper.” The Constitution was nullified by the Feds in 1865, and everything since then has been simply judicial sophisms and bullshit. As long as the People have NFL football on cable TV and anal sex, they will go along with it.

    The Second Amendment is plain as day, too: “The right of the people to keep and bear Arms, shall not be infringed.” Period, end of sentence.

    It does not say “except arms that have been sold in interstate commerce, except arms with a barrel less than 18″, except arms that are scary-looking black ‘assault weapons,’ etc.”

    But you have an entire federal agency, the ATF, that exists solely kick in the doors of people and blow their wife’s head off, like they did to Vicki Weaver, if a shotgun barrel is allegedly 17.75″ instead of 18″.

    You don’t have a Constitution, you don’t have the “rule of law,” you don’t live in a “free country.” You live in a police state where the government is going to do whatever it wants and the lawyers are going to come up with some bullshit to justify it, and the American retards are going to watch the Super Bowl.

  9. “Case law” is awful, but what is even worse is judges that disregard the law as it is actually written. I had a judge tell me “I don’t care what the law says” when I pointed out that he had no subject matter jurisdiction over a case.

      • “Friends” is huge in India. I am not kidding.

        What if the rumors are true and Barry really is going to leave Big Mike for Jennifer Anniston?

        They’ll live happily ever after on Obama’s estate in Hawaii, the “Magnum PI” estate.

      • The BA in Biology graduate from Vassar with published research (Kudrow) wouldn’t get cast as the ditzy character in a modern sitcom.

        I once watched Tom Snyder test Kudrow on evolutionary theory, and she crushed him with her response, including a citation.

  10. Liberals have explored the concept of defying the Supreme Court as of late, pointing out in articles I’ve seen that the Court has no enforcement mechanism beyond the Marshals in the building who keep the place secure and take Kagan out back for her smoke breaks.

    Those smoke breaks are probably a lot more frequent as of late.

  11. The founders didn’t think the federal courts would be doing much of anything. The idea of district and supreme courts was to settle difference between states. That’s why the constitution devotes so little to their operation. The first time a person was tried in a federal court it should have been struck down as unconstitutional. Yet here we are, where individuals can be tried for federal laws if the state laws aren’t severe enough. Overreach is putting it mildly.

  12. Last night, zionist freak Pete “If you love America, you should love Israel” Hegseth became Defense secretary after the Senate tied 50-50, obliging the elegaic hillbilly VP J D Vance to break the tie. Apparently, Hegseth is only the second cabinet official in history to achieve office without a majority of elected Senators.

    On a side note, Dirty Old Turtle Mitch McClownell slithered out of his grotty lair to cast the final, 50th vote against Hegseth — making clear that RINO McClownell will work tirelessly on behalf of the Uniparty to sabotage MAGA at every turn.

    The Turtle is overdue to glitch out for good. Then he can sit with ‘Biden’ in his dank basement, as the two superannuated wraiths carry on delusional conversations with the late French president Mitterrand and German chancellor Helmut Kohl.

    • Unlike Hegseth, the new deputy assistant secretary of defense for the Middle East, Michael DeMino, blurted out a ‘naked emperor’ truth that no US official has dared to utter for half a century:

      ‘During a webinar last year, DeMino said the Middle East does “not really matter” for US interests.

      “Vital or existential US interests in the Middle East are best characterized as minimal to non-existent. And I think if you look at America’s experience as the primary security broker for the region … it has not rendered any lasting political, economic, or security benefits in service of US interests or the American people,” he said.

      https://www.zerohedge.com/military/pentagons-new-mideast-policy-chief-wants-scale-down-us-presence-region

      So who has been pushing this disastrous, no-win foreign intervention on America? The answer is right in the article:

      Jewish Insider reported that DiMino’s appointment has alarmed pro-Israel Republicans due to his views on the region.’

      Israel is our misfortune.

  13. “The Law” is whatever our overlords declare it to be. This is not only true of the Feds and Courts but, oozes down to the local level as well.

    Twenty-some years ago our well ran dry after several years of drought. In order to drill a new well I had to pay the county Health[sic] Department $435 and have one of their lackeys come to the property and “site the well”. After about a half hour of this woman traipsing around my property [sic] and reciting all the regs (which I knew from being on several county boards) she put a stick in the ground about two feet from where I wanted it and declared its location.

    I decided to play the clueless homeowner and asked, “Golly, what if someone can’t comply with all those laws?”. Across the hood of her county car she cast a steely gaze and declared, “I AM the law.”.

    So you see, it doesn’t take a law degree or judicial robes to be an onerous, authoritarian, duplicitous prick, just get a job at the local bureaucracy. Those characteristics are resume’ enhancements.

    • Thats crazy. In Arizona the homeowner/well driller sites the well. Of course there are reasonable regs about how far it must be from the house/septic/other structures. But I paid the AZDEQ a few bucks, submitted a drawing, and that was that. They didn’t even bother inspecting the thing after we completed it. Anyone needing a well in the Verde Valley, Nathen White of N.Az pump is your go to guy.

      Agree with you about the onerous authoritarians. Local GovCo is crawling with them. Seems when you get rid of one, another pops up in its place. Its like game of wack-a-mole that never ends.

      • Hey Norman,

        How far did you have to drill? Where I am, a well is an implausible achievement, so we’re going with rain-catchment.

        I still haven’t asked the local feudal Lords for… Anything. And I’d rather continue that practice.

        • Ours goes down 11O feet. Although we hit non potable water 1O and 2O feet. From the bottom of the well its nice and cold, with no aftertaste/toxins from the tap. Being next to Oak Creek in that part of the valley water is everywhere. My friend lives a half mile away. He had to go down 3OO feet before he hit some nasty, brackish warm swill. Total depth of his well is 4OO feet.

          If you plan on staying I’d encourage it. Even at 4O-5O grand a well changes everything. Much respect for your pioneering ability and spirit to do it with water delivery/holding tanks/catchment systems.

          • Norman,

            See, the water table here is said to be about 10x the depth of your well. The ground is filled with rock, too, so you’re not even guaranteed to get anywhere, but you’ll be paying for it, whatever happens. It would be great, but until I’m rich…

    • Resume:

      Step #1 on the COMPLIANCE road to hell. A document used to literally BEG to be enslaved.

      “Thank you HR demonic bitch for looking at all past masters approval of my grovelling worthless ass”

      I did it, it sucked 10x more every repeat and thats what I learned about resumes. YMWV.

      I promise.

  14. ‘Case law says there are “compelling state interests” and “exigent circumstances.”’ — eric

    A twist in case law is that a government lawyer need only utter a two-word magical spell — ‘national security’ — to win any case challenging the government’s sweeping surveillance regime. Judges back away, bowing and scraping.

    One of the rare exceptions in recent decades occurred this week, when a district judge in the Eastern District of New York held that ‘the FBI’s FISA Section 702 queries violated the Fourth Amendment; however, the court ultimately denied the defendant’s motion to suppress the resulting evidence on separate grounds.’

    https://tinyurl.com/4tmhdb3w

    ‘GOTCHA,’ in other words — the government can prosecute with tainted evidence and STILL win. See how that works?

    The FISA statute is unconstitutional on its face, as is the secret FISA court. But a compromised Clowngress keeps renewing it — because otherwise, it’s ‘gotcha’ for THEM.

    Obviously, the founders never anticipated Harry S Truman’s unconstitutional Fourth Branch of government, the ‘intelligence community’ (which is sort of like the ‘Auschwitz community’ among the camp kommandants in 1944). Captured, hogtied Congress Clowns vote as they are told.

    For the next four years, the SOLE US government official who can’t be bullied by the spooks is one Donald J Trump. He already stripped fifty dirty-dealing spies of their security clearance, for interfering with the 2020 election on behalf of F. Joe Biden. He intends to block the FBI’s palatial new headquarters in Maryland as well.

    But ultimately, Trump must burn the ‘intel community’ to the ground to end its reign of terror over a formerly free people.

    My heart is black and my lips are cold
    D.C. on flame with rock and roll

    — Blue Oyster Cult, Cities on Flame

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