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Bang / Guns
See other Bang / Guns Articles

Title: This nation does not need the draft
Source: [None]
URL Source: [None]
Published: May 21, 2016
Author: Michael A. Thiac
Post Date: 2016-05-21 18:38:41 by tpaine
Keywords: None
Views: 11677
Comments: 70

This nation does not need the draft

By Michael A. Thiac

A proposal to include women in the military draft, supported in Congressional testimony by the heads of the Marine Corps and Army, was stripped from the National Defense Authorization Act by a close vote of the House Rules Committee this week. But agitation for universal military conscription will continue, sometimes from the left, so “so that Americans ‘feel the burden’ of ongoing military operations against Islamic militants, will not go away.”

After 23 years of military service, it is clear to me that a universal draft is not essential, and indeed would be harmful to our national security.

Asking everyone to serve would be a disaster. Assume you put in a draft of “every” high school graduate. Approximately 3.9 million people turn 18 each year in the United States. Say of those, 80% are “fit” for military service (i.e., meet height/weight requirements, no issue with narcotics use, no criminal issues), you are talking of induction of 3.2 million people a year. This is a World War II level of forced public service when we are not at war with major powers.

If this is a two-year draft enlistment (what was used in Vietnam, as opposed to “the duration” during WWII), the armed forces will have to in-process and train them. The Army (and the other services) don’t have the facilities to in-process that many men and women right now. Can you imagine the cost of bringing online multiple basic training posts throughout the county? Currently we induct approximately 200K a year across all four branches of service, enlisted and officers. A draft could increase this by more than a factor of 15!

Now follow this some more. Army Basic Training is 9-10 weeks. What do you do with the people who “fail,” i.e. are overweight, do not meet standards on physical training tests, “fail” a urinalysis test, etc. Currently we throw them out. How many people will we throw out after we spend the resources to bring them in? Please don’t tell me others, not wanting to be forced to “serve,” will not deliberately do something to be excused. What will you do then? Put them in prison? Send them home?

Then you have to get them to Advanced Individual Training, a school that can be two to over twelve months, depending on the specialty. Say for good measure, combining travel and casual status, 3 months Basic, 3 months AIT. That’s half a year.

Get them to a new unit, and it takes a few months to get into the swing of things. Next thing you know, Private Snuffy has less than a year left. And he’s counting down days. Because he never wanted to be there and if you give him an order and he refuses, what do you do? Put him in the stockade? Throw him out? Either you keep a disruptive man in a unit, or you throw him out, either way you weaken the outfit. One of the greatest things needed for an effective unit is cohesion. With constant turnaround caused by draftees this will only degrade us.

If a draft is implemented for further social engineering, the Pentagon would have to spend a fortune (which we don’t have) to put people in who don’t want to be there, train them and send them out. Such a massive waste of resources would only weaken our nation’s defense. We need a highly trained, professional service.

Some draft advocates argue that while everyone should be subject to the draft, a smaller number wound be inducted on the basis of a lottery. Shades of the Vietnam War era, when a lottery was conducted on the basis of date of birth. This would still raise many problems.

First requirement: we need the armed forced manned by people who want to serve, for whatever reason. Personal (“I want to get away from Mom for a bit and figure out what I want to do with my life”), professional (“They will give me training that will cost me a fortune in the private sector, or I get the GI Bill for college”), or patriotism (I want to serve my country), or a combination of the three.

One of the greatest successes of this nation in the latter part of the 20th Century is the all- volunteer service. The Pentagon spent years and billions of dollars in a massive effort by experts to recover from the disaster of Vietnam. We came back with a fully professional, highly trained and functional military service. It is going to take years, billions of dollars and hard work from professionals to recover from the damage inflicted over the last seven years.

Another suggestion of the people pushing “mandated service” is some type of civilian service. We’ve tried that with AmeriCorps, aka “ClintonCorps,” and found it’s nothing but a massive waste of money, per the OMB and GAO. Also, what do you want these 18 year olds doing? Pick up trash on the side of the road? Clean up parks? Go into “communities” and organize the vote for Democrats?

Are you going to pay these people or is this indentured servitude? How much will that cost? All the while the people could be working in the private sector paying taxes. Also, if I live in a rural areaand there is nothing for these “public servants” to do, will you make me move to a city where “public service” is needed? How do you determine who needs “public service”?

What are you going to do when 40 thousand people say, “Hell no, I won’t go…” Are you ready to put thousands in prison if they refuse? How much will that cost? What if they run off to Canada again? What are you going to do?

But more to the fact, why should an older generation, who have mostly not served in America in her armed forces (nor otherwise gave years of their young lives volunteering), tell the upcoming generation “you must earn your citizenship in a way we were not burdened with”? Our founding documents recognize the supremacy of the individual over the collective, “…that we, as individuals, have a right to live, live freely and pursue that which motives us not because man or some government says so, but because those are God-given natural rights.” (emphasis mine) (Levin, 2009, 2-3)[1]

OK, I have a bit of a radical idea. If you are an adult, what you want to do with your life is…get this…your decision. This is a free country (to a lesser degree in times past, especially after the last 7 years). You want to go to college, fine. You want to go to the service, fine. Get a job somewhere, fine. Work at McDonald’s while staying in mom’s basement -- that is your business. As long as you obey the law and support yourself, so be it. You are not provided with freebees, you get from us nothing. Freedom means you have opportunity, not guarantees.

In my younger days I believed in mandatory service for the young people. But spending 23 years in my country’s uniform and knowing how the Army (and the other services) needed to clean up in the 1970s and the issues they had with draftees, I changed my view. One of the major successes of the US has been the all-volunteer service. I would rather have 5 people who want to be there than 10 who are counting down days from the moment they get there.

Michael A. Thiac is a police patrol sergeant and a retired Army intelligence officer. When not patrolling the streets, he can be found on A Cop’s Watch.

[1] Levin, Mark R, Liberty and Tyranny”: New York: Threshold, 2009

A proposal to include women in the military draft, supported in Congressional testimony by the heads of the Marine Corps and Army, was stripped from the National Defense Authorization Act by a close vote of the House Rules Committee this week. But agitation for universal military conscription will continue, sometimes from the left, so “so that Americans ‘feel the burden’ of ongoing military operations against Islamic militants, will not go away.”

After 23 years of military service, it is clear to me that a universal draft is not essential, and indeed would be harmful to our national security.

Asking everyone to serve would be a disaster. Assume you put in a draft of “every” high school graduate. Approximately 3.9 million people turn 18 each year in the United States. Say of those, 80% are “fit” for military service (i.e., meet height/weight requirements, no issue with narcotics use, no criminal issues), you are talking of induction of 3.2 million people a year. This is a World War II level of forced public service when we are not at war with major powers.

If this is a two-year draft enlistment (what was used in Vietnam, as opposed to “the duration” during WWII), the armed forces will have to in-process and train them. The Army (and the other services) don’t have the facilities to in-process that many men and women right now. Can you imagine the cost of bringing online multiple basic training posts throughout the county? Currently we induct approximately 200K a year across all four branches of service, enlisted and officers. A draft could increase this by more than a factor of 15!

Now follow this some more. Army Basic Training is 9-10 weeks. What do you do with the people who “fail,” i.e. are overweight, do not meet standards on physical training tests, “fail” a urinalysis test, etc. Currently we throw them out. How many people will we throw out after we spend the resources to bring them in? Please don’t tell me others, not wanting to be forced to “serve,” will not deliberately do something to be excused. What will you do then? Put them in prison? Send them home?

Then you have to get them to Advanced Individual Training, a school that can be two to over twelve months, depending on the specialty. Say for good measure, combining travel and casual status, 3 months Basic, 3 months AIT. That’s half a year.

Get them to a new unit, and it takes a few months to get into the swing of things. Next thing you know, Private Snuffy has less than a year left. And he’s counting down days. Because he never wanted to be there and if you give him an order and he refuses, what do you do? Put him in the stockade? Throw him out? Either you keep a disruptive man in a unit, or you throw him out, either way you weaken the outfit. One of the greatest things needed for an effective unit is cohesion. With constant turnaround caused by draftees this will only degrade us.

If a draft is implemented for further social engineering, the Pentagon would have to spend a fortune (which we don’t have) to put people in who don’t want to be there, train them and send them out. Such a massive waste of resources would only weaken our nation’s defense. We need a highly trained, professional service.

Some draft advocates argue that while everyone should be subject to the draft, a smaller number wound be inducted on the basis of a lottery. Shades of the Vietnam War era, when a lottery was conducted on the basis of date of birth. This would still raise many problems.

First requirement: we need the armed forced manned by people who want to serve, for whatever reason. Personal (“I want to get away from Mom for a bit and figure out what I want to do with my life”), professional (“They will give me training that will cost me a fortune in the private sector, or I get the GI Bill for college”), or patriotism (I want to serve my country), or a combination of the three.

One of the greatest successes of this nation in the latter part of the 20th Century is the all- volunteer service. The Pentagon spent years and billions of dollars in a massive effort by experts to recover from the disaster of Vietnam. We came back with a fully professional, highly trained and functional military service. It is going to take years, billions of dollars and hard work from professionals to recover from the damage inflicted over the last seven years.

Another suggestion of the people pushing “mandated service” is some type of civilian service. We’ve tried that with AmeriCorps, aka “ClintonCorps,” and found it’s nothing but a massive waste of money, per the OMB and GAO. Also, what do you want these 18 year olds doing? Pick up trash on the side of the road? Clean up parks? Go into “communities” and organize the vote for Democrats?

Are you going to pay these people or is this indentured servitude? How much will that cost? All the while the people could be working in the private sector paying taxes. Also, if I live in a rural areaand there is nothing for these “public servants” to do, will you make me move to a city where “public service” is needed? How do you determine who needs “public service”?

What are you going to do when 40 thousand people say, “Hell no, I won’t go…” Are you ready to put thousands in prison if they refuse? How much will that cost? What if they run off to Canada again? What are you going to do?

But more to the fact, why should an older generation, who have mostly not served in America in her armed forces (nor otherwise gave years of their young lives volunteering), tell the upcoming generation “you must earn your citizenship in a way we were not burdened with”? Our founding documents recognize the supremacy of the individual over the collective, “…that we, as individuals, have a right to live, live freely and pursue that which motives us not because man or some government says so, but because those are God-given natural rights.” (emphasis mine) (Levin, 2009, 2-3)[1]

OK, I have a bit of a radical idea. If you are an adult, what you want to do with your life is…get this…your decision. This is a free country (to a lesser degree in times past, especially after the last 7 years). You want to go to college, fine. You want to go to the service, fine. Get a job somewhere, fine. Work at McDonald’s while staying in mom’s basement -- that is your business. As long as you obey the law and support yourself, so be it. You are not provided with freebees, you get from us nothing. Freedom means you have opportunity, not guarantees.

In my younger days I believed in mandatory service for the young people. But spending 23 years in my country’s uniform and knowing how the Army (and the other services) needed to clean up in the 1970s and the issues they had with draftees, I changed my view. One of the major successes of the US has been the all-volunteer service. I would rather have 5 people who want to be there than 10 who are counting down days from the moment they get there.

Michael A. Thiac is a police patrol sergeant and a retired Army intelligence officer. When not patrolling the streets, he can be found on A Cop’s Watch.

Read more: www.americanthinker.com/a...s/2016/05/this_nation_doe s_not_need_the_draft.html#ixzz49KgBSsAg Follow us: @AmericanThinker on Twitter | AmericanThinker on Facebook

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Begin Trace Mode for Comment # 69.

#12. To: tpaine (#0)

A proposal to include women in the military draft, supported in Congressional testimony by the heads of the Marine Corps and Army, was stripped from the National Defense Authorization Act by a close vote of the House Rules Committee this week.

There has not been any draft for about 40 years.

The proposal was to make mandatory for women, signing up with the Selective Service System at age 18, as is the case with men.

Actually drafting women for combat roles, or members of the LGBTQ community, is a bad idea. Some may be physically able to perform whatever role there is. My judgment call is that it would result in a weaker fighting force than an all-male military. Military combat is not a good place for social experimentation.

A downside of the all-volunteer force is that the best, brightest, and the richest are generally not included. Millionaires and billionaires control the levers of political power and can decide to engage in wars or conflicts for corporate profit, while not endangering any of the elite's children.

One of the greatest successes of this nation in the latter part of the 20th Century is the all-volunteer service. The Pentagon spent years and billions of dollars in a massive effort by experts to recover from the disaster of Vietnam. We came back with a fully professional, highly trained and functional military service.

This guy is smoking some good shit. We came back with the most expensive hi-tech toys in the history of the planet. When the men were sent into a combat situation, they lacked the basics such as up-armored personnel carriers and bullet-proof vests, not to mention enough men and equipment, including ships and aircraft.

http://wtkr.com/2013/05/02/enlisted-forced-out-while-navy-has-more-admirals-than-ships/

Enlisted sailors forced out while Navy has more admirals than ships

Posted 4:55 pm, May 2, 2013
by Mike Mather
News Channel 3, Hampton Roads, VA
Updated at 09:56am, May 3, 2013

Norfolk, Va. - In World War II, there were 30 Navy ships for every admiral. Now, the Navy has more admirals than ships.

That's a point not lost on Virginia Democratic Senator Mark Warner.

"I want to see the Pentagon cut back on some of this “brass creep” both in terms of numbers and some of these perks," Warner said.

Not long ago, the Navy forced out 3,000 mid-career sailors. Military budget cuts have scrapped air shows, delayed deployments, and threatened civilian contractors with two-week furloughs. Craig Quigley, a retired rear admiral who heads the Hampton Roads Military and Federal Facilities Alliance, says the cuts -- while not as bad as first feared -- will ripple past the local bases.

"You’re not going to buy the new car, you’re going to fix up the old one. You might cancel the family vacation. You are going to have to adjust your own household finances to accommodate 14 days without pay," he said. "If you are a small business with only a handful of employees, you might not survive."

At the same time, the Pentagon has added admirals and generals. There are now nearly a thousand. Many of those top officers are surrounded with entourages including chauffeurs, chefs and executive aids. Top flag officers have private jets always at the ready. They live in sometimes palatial homes and frequently travel in motorcades. Former Democratic Senator Jim Webb asked the Pentagon why the Air Force has more four-star generals than the Army, even though the Army has almost twice the manpower. Across all service branches, Warner said, the number of people at the bottom has shrunk while the number of generals and admirals has swelled.

[...]

A top-heavy military is not one built to win wars.

For a collection of essays on Conscription, below is a pretty good book.

Amazon link

The Military Draft: Selected Readings on Conscription (Hoover Institution Press Publication) First Edition

by Martin Anderson (Editor)

15 Used from $5.72

Series: Hoover Institution Press Publication (Book 258)
Hardcover: 689 pages
Publisher: Hoover Inst Pr; First Edition edition (October 1982)

The writers run the gamut from Ben Franklin, Elihu Root, and James Monroe to modern writers.

nolu chan  posted on  2016-05-22   0:29:39 ET  Reply   Untrace   Trace   Private Reply  


#13. To: nolu chan (#12)

Now that you've made your typical display of erudition: --

How do you feel bout the constitutional boot camp idea, -- no camp, no vote?

tpaine  posted on  2016-05-22   1:11:10 ET  Reply   Untrace   Trace   Private Reply  


#17. To: tpaine (#13)

Now that you've made your typical display of erudition: --

How do you feel bout the constitutional boot camp idea, -- no camp, no vote?

No go.

[tpaine #9] I'm in favor of a short 'boot camp' type service, for EVERYONE, shortly after high school, as a precondition before they get the vote..

Not everyone is boot camp material. I would not want everyone, unscreened, put in a boot camp and have a weapon put in their hands (in the Navy, it was almost always just a piece). There's dopers, dead heads and the whole LBGTQ community, and guys with a long rap sheet that they are unable to read. I just do not see it as workable on a scale of EVERYONE.

We have a population of ~330 million. If only 1% turns 18 each year, training would be needed for 3.3 million per year. The logistics of the matter must be considered. And, it would be quite a funding challenge.

Rather than only after high school, perhaps have some sort of training available during high school, or during the summer break between junior and senior. Age would be a factor as many graduate high school under 18.

I would not tie any such training to voting. Perhaps completion of training could be tied to government employment, e.g., people who complete the training receive a 50 point multiple added to their civil service test score and must receive first priority in all appointments.

And then there are conscientious objectors to consider.

No camp, no vote is probably unconstitutional. I do not see the Federal authority to pass such a law. Incentives to complete training might pass muster. If they can give a 5-point multiple for 20 years of active duty service, they should be able to give a 50 point multiple for basic training, if they so choose.

nolu chan  posted on  2016-05-22   2:28:59 ET  Reply   Untrace   Trace   Private Reply  


#19. To: nolu chan, Y'ALL (#17)

I'm in favor of a short 'boot camp' type service, for EVERYONE, shortly after high school, as a precondition before they get the vote.. -- No camp, no vote, ---- This would require a constitutional amendment, of course..

I would not want everyone, unscreened, put in a boot camp and have a weapon put in their hands, ---- And then there are conscientious objectors to consider.

Objectors of every stripe would not be required to attend, but would not get to vote, -- solving a LOT of our political problems, voluntarily...

tpaine  posted on  2016-05-22   8:53:20 ET  Reply   Untrace   Trace   Private Reply  


#26. To: tpaine, A K A Stone (#19)

I'm in favor of a short 'boot camp' type service, for EVERYONE, shortly after high school, as a precondition before they get the vote.. -- No camp, no vote, ---- This would require a constitutional amendment, of course..

To get such a constitutional amendment you would have to get a significant majority of the voters to agree to disenfranchise themselves. I would assess that as a political impossibility.

Were you able to overcome that impossibility, you would encounter the obvious logistical problem of an inability to offer such "boot camp" type service to 3 to 4 million new 18-year olds each year.

Once the Federal government is empowered to dictate that all must complete a mandatory boot camp in order to vote, I can only imagine what an Obama federal government would find the authority to include in the mandatory boot camp training. I'll pass on giving such a massive grant of power to the Federal government.

nolu chan  posted on  2016-05-23   16:19:35 ET  Reply   Untrace   Trace   Private Reply  


#27. To: nolu chan (#26)

I'm in favor of a short 'boot camp' type service, for EVERYONE, shortly after high school, as a precondition before they get the vote.. -- No camp, no vote, ---- This would require a constitutional amendment, of course..

To get such a constitutional amendment you would have to get a significant majority of the voters to agree to disenfranchise themselves. I would assess that as a political impossibility.

One hundred years ago, I would have bet that the income tax amendment was a political impossibility.

Were you able to overcome that impossibility, you would encounter the obvious logistical problem of an inability to offer such "boot camp" type service to 3 to 4 million new 18- year olds each year.

We cope with putting them all through 4 years of high school, - so 8 weeks of constitutional boot camp should be possible.

Once the Federal government is empowered to dictate that all must complete a mandatory boot camp in order to vote, I can only imagine what an Obama federal government would find the authority to include in the mandatory boot camp training. I'll pass on giving such a massive grant of power to the Federal government.
I indicated above we could make it voluntary. Read much?

It would be a constitutional amendment, -- one that could specify the power of ANY level of govt to " include mandatory training".

Isn't it typical that nolu, a Statist, would view every proposal through a statist curtain...

tpaine  posted on  2016-05-23   18:06:59 ET  Reply   Untrace   Trace   Private Reply  


#45. To: tpaine (#27)

I indicated above we could make it voluntary. Read much?

You mean voluntary like an Obama policy that says boys can use the girls showers and girls can use the boys showers. It's voluntary but the penalty is the loss of millions or billions of dollars.

It's voluntary like raising the drinking age to 21 or losing all highway funding.

Do it or else voluntary.

nolu chan #26

To get such a constitutional amendment you would have to get a significant majority of the voters to agree to disenfranchise themselves. I would assess that as a political impossibility.

Were you able to overcome that impossibility, you would encounter the obvious logistical problem of an inability to offer such "boot camp" type service to 3 to 4 million new 18-year olds each year.

tpaine#27

We cope with putting them all through 4 years of high school, - so 8 weeks of constitutional boot camp should be possible.

You can't mandate high schools or high school teachers to provide military training. You need whole new structure to train 3-4 million new 18-year olds per year. Today, the entire military does not have that capablity or anything remotely near it.

And, of course, you have no explanation whatever of how you will persuade the significant majority of Americans to disenfranchise themselves. They are more likely to vote for putting you in stocks for a public flogging shown on the Times Square jumbotron.

You missed your calling with the role of Arseface. (That's not you, is it?)

nolu chan  posted on  2016-05-23   23:30:59 ET  (1 image) Reply   Untrace   Trace   Private Reply  


#47. To: nolu chan, gatlin, y'all (#45)

You missed your calling with the role of Arseface. (That's not you, is it?)

Thanks for the laugh..

No, it's not me. I'm much older and my ass hole looks more like your lips, or so gatlin tells me..

tpaine  posted on  2016-05-24   1:23:09 ET  Reply   Untrace   Trace   Private Reply  


#48. To: tpaine (#47)

I indicated above we could make it voluntary. Read much?

You mean voluntary like an Obama policy that says boys can use the girls showers and girls can use the boys showers. It's voluntary but the penalty is the loss of millions or billions of dollars.

It's voluntary like raising the drinking age to 21 or losing all highway funding.

Do it or else voluntary.

nolu chan #26

To get such a constitutional amendment you would have to get a significant majority of the voters to agree to disenfranchise themselves. I would assess that as a political impossibility.

Were you able to overcome that impossibility, you would encounter the obvious logistical problem of an inability to offer such "boot camp" type service to 3 to 4 million new 18-year olds each year.

tpaine#27

We cope with putting them all through 4 years of high school, - so 8 weeks of constitutional boot camp should be possible.

You can't mandate high schools or high school teachers to provide military training. You need whole new structure to train 3-4 million new 18-year olds per year. Today, the entire military does not have that capablity or anything remotely near it.

And, of course, you have no explanation whatever of how you will persuade the significant majority of Americans to disenfranchise themselves. They are more likely to vote for putting you in stocks for a public flogging shown on the Times Square jumbotron.

You missed your calling with the role of Arseface.

nolu chan  posted on  2016-05-24   2:12:46 ET  (1 image) Reply   Untrace   Trace   Private Reply  


#49. To: nolu chan (#48)

I'm in favor of a short 'boot camp' type service, for EVERYONE, shortly after high school, as a precondition before they get the vote.. -- No camp, no vote, ---- This would require a constitutional amendment, of course..

To get such a constitutional amendment you would have to get a significant majority of the voters to agree to disenfranchise themselves. I would assess that as a political impossibility.

One hundred years ago, I would have bet that the income tax amendment was a political impossibility.

Were you able to overcome that impossibility, you would encounter the obvious logistical problem of an inability to offer such "boot camp" type service to 3 to 4 million new 18- year olds each year.

We cope with putting them all through 4 years of high school, - so 8 weeks of constitutional boot camp should be possible.

Once the Federal government is empowered to dictate that all must complete a mandatory boot camp in order to vote, I can only imagine what an Obama federal government would find the authority to include in the mandatory boot camp training. I'll pass on giving such a massive grant of power to the Federal government.

I indicated above we could make it voluntary. Read much?

It would be a constitutional amendment, -- one that could specify the power of ANY level of govt to " include mandatory training".

Isn't it typical that nolu, a Statist, would view every proposal through a statist curtain...

tpaine  posted on  2016-05-24   3:24:40 ET  Reply   Untrace   Trace   Private Reply  


#54. To: tpaine (#49)

Put words to your amendment. It would be fun to watch chan rip it to shreds.

A K A Stone  posted on  2016-05-24   6:29:21 ET  Reply   Untrace   Trace   Private Reply  


#56. To: A K A Stone (#54)

Put words to your amendment. It would be fun to watch chan rip it to shreds.

Chan could even write some of the test questions for tpaine. The collaborative idiocy could be mucho entertaining.

1. Under the Constitution, which of the following statements is correct?

a) Congress writes national law
b) Federal courts write national law
c) The Department of Homeland Security writes national law
d) All of the above

Roscoe  posted on  2016-05-24   9:01:43 ET  Reply   Untrace   Trace   Private Reply  


#57. To: Roscoe, Y'ALL (#56)

Under the Constitution, which of the following statements is correct?

a) Congress writes national law b) Federal courts write national law c) The Department of Homeland Security writes national law d) All of the above

Under the Constitution, Congress writes federal law.

According to nolu chan, federal court OPINIONs are law..

Roscoe hopes that the department of homeland security makes law.

And so do ALL his buddies.

tpaine  posted on  2016-05-24   9:18:51 ET  Reply   Untrace   Trace   Private Reply  


#59. To: tpaine, Roscoe, Arseface (#57)

According to nolu chan, federal court OPINIONs are law..

http://law.justia.com/cases/

U.S. Case Law

U.S. Federal Courts

U.S. Supreme Court (1759 - present)

U.S. Federal Courts of Appeals

U.S. Federal District Courts

nolu chan  posted on  2016-05-24   12:14:22 ET  Reply   Untrace   Trace   Private Reply  


#61. To: nolu chan (#59)

U.S. Case Law

Dear SFB:

case law

n. reported decisions of appeals courts and other courts which make new interpretations of the law and, therefore, can be cited as precedents. These interpretations are distinguished from "statutory law," which is the statutes and codes (laws) enacted by legislative bodies; "regulatory law," which is regulations required by agencies based on statutes ; and in some states, the common law, which is the generally accepted law carried down from England. The rulings in trials and hearings which are not appealed and not reported are not case law and, therefore, not precedent or new interpretations. Law students principally study case law to understand the application of law to facts and learn the courts' subsequent interpretations of statutes.

http://dictionary.law.com/Default.aspx?selected=148

Roscoe  posted on  2016-05-24   12:51:42 ET  Reply   Untrace   Trace   Private Reply  


#62. To: Roscoe (#61)

Dear SFB:

case law

n. reported decisions of appeals courts and other courts which make new interpretations of the law and, therefore, can be cited as precedents. These interpretations are distinguished from "statutory law," which is the statutes and codes (laws) enacted by legislative bodies; "regulatory law," which is regulations required by agencies based on statutes ; and in some states, the common law, which is the generally accepted law carried down from England. The rulings in trials and hearings which are not appealed and not reported are not case law and, therefore, not precedent or new interpretations. Law students principally study case law to understand the application of law to facts and learn the courts' subsequent interpretations of statutes.

http://dictionary.law.com/Default.aspx?selected=148

Dear Arseface:

You can alwas try using a real law dictionary.

Black's Law Dictionary, 6th Ed.

Case law. The aggregate of reported cases as forming a body of jurisprudence, or the law of a particular subject as evidenced or formed by the adjudged cases, in distinction to statutes and other sources of law. It includes the aggregate of reported cases that interpret statutes, regulations, and constitutional provisions. See Common law.

nolu chan  posted on  2016-05-24   13:11:44 ET  Reply   Untrace   Trace   Private Reply  


#63. To: nolu chan (#62)

Case law. The aggregate of reported cases as forming a body of jurisprudence, or the law of a particular subject as evidenced or formed by the adjudged cases, in distinction to statutes and other sources of law. It includes the aggregate of reported cases that interpret statutes, regulations, and constitutional provisions.

Nice foot shot, SFB!

Roscoe  posted on  2016-05-24   13:59:13 ET  Reply   Untrace   Trace   Private Reply  


#65. To: Roscoe (#63)

Nice foot shot, SFB!

Nice make believe, asshole.

Otis H. Stephens, Jr. and John M. Scheb II, American Constitutional Law, Vol. 1, pages D-4, D-5:

Common law. A body of law that developes primarily through judicial decisions, rather than legislative enactments. The common law is not a fixed system but an ever-changing body of rules and principles articulated by judges and applied to changing needs and circumstances. See also: English Common Law.

- - -

English common law. A system of legal rules and principles recognized and developed by english judges prior to the colonization of America and accepted as a basic aspect of the American legal system.

In your ignorance, you would not recognize the common law system of law if it hit you in the face.

nolu chan  posted on  2016-05-24   18:50:14 ET  Reply   Untrace   Trace   Private Reply  


#66. To: nolu chan (#65)

The common law is not a fixed system but an ever-changing body of rules and principles articulated by judges and applied to changing needs and circumstances.

Another great foot shot.

Lex non scripta, SFB.

Roscoe  posted on  2016-05-24   19:10:52 ET  Reply   Untrace   Trace   Private Reply  


#67. To: Roscoe (#66)

The common law is not a fixed system but an ever-changing body of rules and principles articulated by judges and applied to changing needs and circumstances.

Another great foot shot.

Lex non scripta, SFB.

No, you fucking idiot, case law/common law is not unwritten law. It is written court opinions. The common law is ever-changing because written court opinions are always being added to it.

How dumb can you document yourself to be?

nolu chan  posted on  2016-05-24   20:34:16 ET  Reply   Untrace   Trace   Private Reply  


#68. To: nolu chan (#67) (Edited)

It is written court opinions.

You're shooting your feet right off at the ankles.

Truly, thou art the king of the SFBs.

Roscoe  posted on  2016-05-24   20:57:51 ET  Reply   Untrace   Trace   Private Reply  


#69. To: Roscoe (#68)

You're shooting your feet right off at the ankles.

Keep documenting your ignorance. It is fun to watch.

Lex non scripta, SFB.

Unwritten law. Really, you useless shitbag.

nolu chan  posted on  2016-05-25   0:30:49 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 69.

#70. To: nolu chan (#69)

shitbag

"The common law does not consist of particular cases decided upon particular facts: it consists of a number of principles, which are recognised as having existed during the whole time and course of the common law. The Judges cannot make new law by new decisions; they do not assume a power of that kind: they only endeavour to declare what the common law is and has been from the time when it first existed." --Sir William Brett

SFB

Roscoe  posted on  2016-05-25 00:33:05 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 69.

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