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5.5.06

"Because I Said So"

Here's one from the Emperor Norton school of jurisprudence. William Penn showed up and declared that his son had "king-like" powers, so therefore Thomas Penn did in fact have those powers. When dealing with a manifestly undemocratic regime, the question of substantive justice (in this case, did the Lenape genuinely consent to the terms of the deal) has to take precedence over adherence to the procedures unilaterally announced by one side. I don't know enough about the substantive issue to weigh in on one side or the other, but the court doesn't seem to even be asking the right question.

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