This reminds me of the old testament introducing the law on how to treat a stubborn and rebellious son (Deuteronomy 21:18-21), according to Jewish tradition, both parents must speak with one voice, in denouncing their son to the elders of the community. Then the elders are permitted to son the child.
This was the first time in history that the capital authority over a father's son was taken from the father and distributed to include the mother and the execution was to be by the community.
According to tradition, there is no way for the two parents to speak in "one voice" so that the conditions of the punishment can never and have never been met.
So in creating a law that can never be executed, it actually made it illegal for the first time in history for a parent to legally kill their child.
There is also the supreme court case of Marbury v. Madison (1803) in which the court struck down a law giving them power to appoint lower court judges. Congress tried to give them that appointive power but in ruling against it, the court gave themselves the much greater power to rule on the constitutionality of laws.
We can't ascribe internality to a group decision, but it sometimes shows greater wisdom than the people making the laws.
Techdirt has not posted any stories submitted by SAWilkus.
Florida law against texting
This was the first time in history that the capital authority over a father's son was taken from the father and distributed to include the mother and the execution was to be by the community.
According to tradition, there is no way for the two parents to speak in "one voice" so that the conditions of the punishment can never and have never been met.
So in creating a law that can never be executed, it actually made it illegal for the first time in history for a parent to legally kill their child.
There is also the supreme court case of Marbury v. Madison (1803) in which the court struck down a law giving them power to appoint lower court judges. Congress tried to give them that appointive power but in ruling against it, the court gave themselves the much greater power to rule on the constitutionality of laws.
We can't ascribe internality to a group decision, but it sometimes shows greater wisdom than the people making the laws.
Techdirt has not posted any stories submitted by SAWilkus.
Submit a story now.