“Therefore, the Common Law upon which elements of our Constitution is based is clearly not that of England.”
BWAHAHAHAHAHA!!!!!!!!!!!!!!!!!!!!!
FWIW, that was also argued, and rejected, in WKA. The legal language of the Constitution is of English common law, because the lawyers doing the writing were steeped in English common law.
If you want to pull in a definition from someplace else, you need to show THAT definition was the one the writers had in mind. And it is a pretty safe bet that the writers of the Constitution, in 1787, were NOT thinking about a bad translation of Vattel made 10 years LATER!
Your misapprehension of WKA verges upon legend, Mr. Rogers.
You have a nice evening, and do try to keep it civil.