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To: DiogenesLamp

America is a common law country. Case law and precedent is what matters. WKA is presently the law of the land. It doesn’t matter what you think they got wrong or what they left out. It is the law of the land and its present interpretation is encapsulated in Ankeny.

WKA addresses the first 50 years - that long discussion of the evolution of the common law term from NBS to NBC is addressing the legal framework in which the Founders were familiar with.


71 posted on 02/17/2012 6:18:23 PM PST by Harlan1196
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To: Harlan1196
America is a common law country. Case law and precedent is what matters. WKA is presently the law of the land. It doesn’t matter what you think they got wrong or what they left out. It is the law of the land and its present interpretation is encapsulated in Ankeny.

I'm afraid you are going to have to UnLearn a lot of wrong ideas before you will be able to comprehend the correct ones. "PRECEDENT" does not decide what is the truth. "Precedent" is merely a fallacy turned into a methodology.

It is the legislatures that decide what the law is, not the courts. Cases should be decided on their merits based on first principles, not on what was the previous opinion of some court that may or may not have weighed the facts correctly.

That you should even offer Ankeny as an argument indicates how much you need to learn before you are even up to speed in discussing this issue. Ankeny is nothing but encapsulated crap. Bad Facts, Bad reasoning, and erroneous conclusion.

WKA addresses the first 50 years - that long discussion of the evolution of the common law term from NBS to NBC is addressing the legal framework in which the Founders were familiar with.

Uh, right. Let me show you what the Founders were familiar with.

This is a page from John Adams own personal copy of the Mathew Bacon book on English Law. This book was not only studied by John Adams, it was also studied by his son, John Quincy Adams. Let's see what it says.

Link.

Wow! Under the English Common Law of which John Adams was familiar, it was a requirement that a natural born subject have PARENTS who "at the time of their birth" were in Actual Obedience of the King! Why that is almost the exact same definition as Vattel! Whoda thunk?

You may also not have known this, but John Adams was sent to the Netherlands during the Revolutionary war to gain support among the European governments for the United States. While residing in the Netherlands, he actually lived in the home of Charles Dumas, who happens to be the Publisher of Emerich Vattel's "Droit des Gens" and who is also the very same man that sent Benjamin Franklin three copies of it in 1775.

Now do you suppose that during the several years that John Adams lived in the Home of Charles Dumas, that they happened to have discussed the principles of international law according to the book "Droit des Gens" which was published by Charles Dumas?

Yes, please go on and tell me all about what the founders knew.

106 posted on 02/18/2012 10:06:40 AM PST by DiogenesLamp (Partus Sequitur Patrem)
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