Did you notice...

Phillip H. Zakas pzakas at toucancapital.com
Wed Mar 21 22:55:22 PST 2001


<begin theft> People v. Rehman, 253 C.A. 2d 119, 61 Cal. Rptr. 65, 85.
"Common law" consists of those principles, usage and rules of action
applicable to government and security of persons and property which do not
rest for their authority upon any express and positive declaration of the
will of the legislature. Bishop v. U.S., D.C. Tex., 334, F. Supp. 415, 418.

...

The Constitution of and for the United States of America is a Common Law
document and cannot be understood, interpreted and applied except at the
Common Law;

"It is never to be forgotten that in the construction of the language of the
Constitution, we are to place ourselves as nearly as possible in the
condition of the men who framed that instrument." Ex Parte Bain., 12 U.S.
1., 7S. Ct.781.
<end theft>

details: http://www.f-f-a.com/comlaw.htm

phillip



-----Original Message-----
From: owner-cypherpunks at Algebra.COM
[mailto:owner-cypherpunks at Algebra.COM]On Behalf Of Jim Choate
Sent: Thursday, March 22, 2001 12:17 AM
To: cypherpunks at einstein.ssz.com
Subject: Did you notice...




That the one place 'common law' is mentioned in the Constitution it is in
direct conflict with contemporanious English common law?

                                Amendment VII

In suits at common law, where the value in controversy shall exceed twenty
dollars, the right of trial by jury shall be preserved, and no fact tried by
a jury, shall be otherwise reexamined in any Court of the United States,
than according to the rules of the common law.

    ____________________________________________________________________

         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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