Before citing Amdt VII in response, everyone, please note that it expressly bars common law in all criminal cases and in appellate review of questions of law. Judge-made law is also barred by Article I section 1. How? The Constitution is not a letter or a speech but a governing text ordained by the people. By vesting a power it expressly…
Before citing Amdt VII in response, everyone, please note that it expressly bars common law in all criminal cases and in appellate review of questions of law. Judge-made law is also barred by Article I section 1. How? The Constitution is not a letter or a speech but a governing text ordained by the people. By vesting a power it expressly bars any competing power (absent amendment). To put it another way, to vest a power also vests a jurisdiction, a borderline within which that power is exercised. No exercise of that power outside that border is lawful.
Before citing Amdt VII in response, everyone, please note that it expressly bars common law in all criminal cases and in appellate review of questions of law. Judge-made law is also barred by Article I section 1. How? The Constitution is not a letter or a speech but a governing text ordained by the people. By vesting a power it expressly bars any competing power (absent amendment). To put it another way, to vest a power also vests a jurisdiction, a borderline within which that power is exercised. No exercise of that power outside that border is lawful.