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Francis Schaeffer
Man has failed to build only from himself autonomously and to find a solid basis in nature for law, and we are left today with Oliver Wendell Holmes’s “experience” and Frederick Moore Vinson’s statement that nothing is more certain in modern society than that there are no absolutes. Law has only a variable content. Much modern law is not even based on precedent; that is, it does not necessarily hold fast to a continuity with the legal decisions of the past. Thus, within a wide range, the Constitution of the United States can be made to say what the courts of the present want it to say—based on a court’s decision as to what the court feels is sociologically helpful at the moment. At times this brings forth happy results, at least temporarily; but once the door is opened, anything can become law and the arbitrary judgments of men are king. Law is now freewheeling, and the courts not only interpret the laws which legislators have made, but make law. Lex Rex has become Rex Lex. Arbitrary judgment concerning current sociological good is king.
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