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Generally you can't carve out from a constitution, it is all encompassing. You can reinterpret perhaps but "carve outs" are only by amendment to the constitutio
by KoolKat23 26d ago
Generally you can't carve out from a constitution, it is all encompassing. You can reinterpret perhaps but "carve outs" are only by amendment to the constitution.
It's a concept called constitutional supremacy. There's generally ranking to laws. Think of a venn diagram with subset circles inside bigger circles.
Constitutional Law > Statutory/Legislative Law > Administrative/Regulatory Law > Case Law/Common Law
- deleted 26d ago[deleted]
- antonvs 25d agoHow do you reconcile what you’re saying with the actual situation? A relevant example is the border search exception: https://en.wikipedia.org/wiki/Border_search_exception https://en.wikipedia.org/wiki/Border_search_exception
- milutinovici 24d agoVery simple. Rule of law in the US has been crumbling for some time