Quote:
Originally Posted by iamnotawerewolf
developing the law through the use of precedent where the legislative enactments are not squarely on point is exactly the role of the judiciary, and the constitution knows it
the background notion is "common law"
i think if you use this argument to uphold roe that is fine
but if you use it to uphold the mandate in the aca for example, it is not
if by precedent you mean previously decided cases, sure
if by precedent you mean previously passed laws that may be unconstitutional but theyve been around for a while so they are fine, no