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Jim Choate ravage at ssz.com
Wed Mar 21 21:05:52 PST 2001



On Wed, 21 Mar 2001, Sandy Sandfort wrote:

> Jim wrote:
> 
> > Q: When did Congress pass a law specifically
> >    making the 'common law' in the 7th
> >    Amendment equivalent to English Common
>      Law?
> 
> A: No need, it always was.  The pre-existing common law in this country was
> not extinguished by independence.

Really? Where is that written? The Declaration of Independance clearly
doesn't support the proposition of 'limited' breaking of bonds between two
people. It didn't say we 'demand partial independance'.

The reality is that ALL law in this country was 'reset' (to use modern
parlance) with the Declaration of Independence.

The reality of todays common law and all precedence based law for that
matter is it is based on a simple principle,

"I got away with it yesterday, so I can do it today."

Unfortunately (for you, it's okey dokey by me) the ends don't justify the
means (well at least in a democracy).

> >    Once again, why does "...shall make no
> >    law..." not equate to (common law?)
> >    'Stop' signs?
> 
> Once again, the admonition is directed at congress.  The common law does not
> arise out of legislation and, thus, is not affected by the admonition.  Quod
> Erat demonstrandum.

All law, per the Constition, arises out of legislation through Congress.
Even if we accept your point, it still MUST pass Constitutional muster,
10th Amendments 'delegation' clause. Simply being 'common law' does not
exempt that law from the 10th Amendment.

But your point does raise an additional complaint against the concept of
'common law' as equivalent to 'court created' law, and that is there is no
specific delegation to create a set of laws that are 'common'.

So, a claim to 'common law' still does nothing to eliminate, let alone
actually answer, my question about 'right to lie'.

    ____________________________________________________________________

         If the law is based on precedence, why is the Constitution
         not the final precedence since it's the primary authority?

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       Austin, Tx               /:'///// ``::>/|/      ravage at ssz.com
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