Sunday, November 11, 2007

Here's an interesting little U.S. Supreme Court case....

"...As Loving contends, and as we have explained elsewhere, the Framers well knew this history*[3], and had encountered firsthand the abuses of military law in the colonies..."

"...Nor does the majority cite any historical evidence, whether from the constitutional debates,*[5] the Federalist Papers, or some other source, that demonstrates that the Framers sought to embrace, or at least actively considered, the English system of shared power over the military. If the majority pointed to some basis for conducting the inquiry that it does, I might be willing to accept its analysis. Instead, the majority repeatedly substitutes ipse dixit for historical evidence..."

- Loving v. U.S., U.S. Supreme Court, "Instead, the majority repeatedly substitutes ipse dixit for historical evidence", June 3, 1996.

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