History. A lot of it is the same history.
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There's no way to characterize, say, the incorporation of the Bill of Rights into federal law under the 14th Amendment's due process clause as anything other than an ad hoc common law kind of thing
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To be fair, every nation is "making it up as we go along." All politics is ultimately about kludging systems to keep society functioning. And what that means must needs change as society does. When we have a functional polity, we all tacitly agree on those changes. Alas.
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Yeah, that's true - but I think it is significant as to how a society and government evolves, when changes is contextualized as the continued growth and development of a past system, versus a novel disruption of it.
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