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To: Exmil_UK
There is no Common Law in the US.

Oh?

The U.S. is a common law country. In all states except Louisiana (which is based on the French civil code), the common law of England was adopted as the general law of the state, EXCEPT when a statute provides otherwise. Common law has no statutory basis; judges establish common law through written opinions that are binding on future decisions of lower courts in the same jurisdiction. Broad areas of the law, most notably relating to property, contracts and torts are traditionally part of the common law. These areas of the law are mostly within the jurisdiction of the states and thus state courts are the primary source of common law. Thus, 'common law' is used to fill in gaps. Common law changes over time, and at this time, each state has its own common law on many topics. The area of federal common law is primarily limited to federal issues that have not been addressed by a statute.

http://www.lectlaw.com/def/c070.htm

Maybe you likes that French law better.

2,103 posted on 02/28/2010 6:19:42 PM PST by lucysmom
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To: lucysmom
We're talking the US Constitution & your talking state laws during the period that the Articles of Confederation was in force and there was no Federal Government..

What part of the process that took place after the ratification wherein ALL state laws had to come into compliance with the US Constitution don't you drones not understand?

There is no doubt that there is common law in place in the states, That is where it resides. It does not resides. Ask any SCOTUS justice & they will tell you the same thing.

When you all talk common law, you are referring to local laws prior to the Constitution. Get the picture? Your argument is falls flat on its face when you try and use local laws to interpret Federal laws.

2,116 posted on 02/28/2010 7:15:44 PM PST by patlin (1st SCOTUS of USA: "Human life, from its commencement to its close, is protected by the common law.")
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