TFH 7/15 | The Case Against "Pure Originalism" as the Greatest Internal Danger To American Democracy, and How Homeowners For Example Have Been Victimized by That Endemic Tendency in American Legal Reasoning.

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TFH 7/15 | The Case Against “Pure Originalism” as the Greatest Internal Danger To American Democracy, and How Homeowners For Example Have Been Victimized by That Endemic Tendency in American Legal Reasoning.

TFH 7/15 | The Case Against “Pure Originalism” as the Greatest Internal Danger To American Democracy, and How Homeowners For Example Have Been Victimized by That Endemic Tendency in American Legal Reasoning.

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Sunday – JULY 15, 2018

The Case Against “Pure Originalism” as the Greatest Internal Danger To American Democracy, and How Homeowners For Example Have Been Victimized by That Endemic Tendency in American Legal Reasoning.

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Once again America is in the midst of another judicial controversy as Congress is being asked by the President to approve a new Justice of the Supreme Court of the United States.

Although most homeowners are unaware, this renewed controversy between “activist” and “strict constructionist” theories of judicial decision making directly affects and has directly affected homeowners facing foreclosure in many, so far devastating, yet unseen ways.

On today’s show, John and I will explore “originalism” as a pure theory of rule interpretation and its variations by returning to and applying our previous analysis of “The Rule Ritual,” both in the context of contemporary controversies and in the context of foreclosure defense issues, suggesting how and why “originalism” in its pure form continues to pose a grave threat to American Democracy.

Among the topics that John and I will discuss, time permitting, are:

1. Why we have rules in the first place, the starting point for any such discussion of rules.

2. The difference between the source of rules in a dictatorship and the source of rules in a democracy.

3. The first principle of rule interpretation is treating like cases alike.

4. The second principle of rule interpretation is that no two cases are exactly alike.

5. The four change agents for interpreting and applying rules as “precedent” once the transactional facts are determined in an individual case are resources, order, precedent, and ends (“ROPE”).

6. Distinguishing between “rule statements” (the conclusions of thought) and “rules” (the triggers of thought) is crucial to a proper understanding of judicial decision making in all “rule enterprises.”

7. The “separation of powers” 1789 doctrine is itself a rule statement dividing rule related functions into legislative, executive, and judicial rule enterprise management.

8. The Rule Ritual undemocratically protects vested interests against the rules that have been promulgated in a democratic society by applying rule statements from the past as precedent rather than the rules themselves, absent “ROPE” code books.

9. As rule enterprises mature, “whereas” clauses in legislation enlarge, as do policy justifications in judicial opinions.

10. As rule enterprises mature, the role of educational institutions enlarges as the role of legislatures decreases.

American Democracy, it is submitted, will continue to become more and more artificially polarized, literally unable to survive, torn apart from within, its governmental institutions too slow to react to changing needs and therefore less and less useful and respected, until the American legal system replaces “The Rule Ritual,” an inherited, archaic Anglo-Saxon theory of legal reasoning with “Rule Enterprise Analysis” based on an accurate understanding of what a Rule actually is and reforms its governmental institutions according.

Countries that cannot resolve major differences within their legal system often do so only through civil wars.

Homeowners are not the only ones disheartened by American Justice, too often protecting vested interests blinded by The Rule Ritual.

Our governmental institutions too often seem incapable of resolving major social issues peaceably and expeditiously.

Problems are not the problem. How we relate to problems is the problem.

Please join John and me to experience for yourself how basic research and knowledge can positively impact and enlighten everyday courtroom advocacy and judicial decision making, especially when applied to foreclosures, our principal interest on The Foreclosure Hour.

Gary Dubin

Please go to our website, www.foreclosurehour.com, and join your fellow homeowners in the Homeowners SuperPac today.

A Membership Application is posted there waiting for your support.

 

 

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Host: Gary Dubin Co-Host: John Waihee

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