You might be surprised to learn that this kind of thing doesn't bother me at all. To whatever extent such commonlaw courts act like loose cannons, they will primarily tend to do so against those who are most abusive of the public's perceived rights.
As a matter of fact the montana fruitcakes were principally into racial bigotry. If you care to read the documents they filed you would know that.
Thats what the supremacy clause is all about. All previously existing courts were extinguished.
Ah! So you admit that these courts were "previously existing," huh? Well, if that's the case, merely read the 9th and 10th amendments and tell me how you're so sure that "all previously existing courts were extinguished."
I admit no such thing if you could understand logic you would realize that. There were pre-existing courts, those of King George. They were extingished. Had common law courts existed (they did not but for the sake of arguement I am indulging you in your fantasy) they would exist no longer. Phill