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To: DiogenesLamp
. . "The abolition of the right of primogeniture, which I am sure Col. Mason does not disapprove, falls under this head. What could the Convention have done? If they had in general terms declared the Common law to be in force, they would have broken in upon the legal Code of every State in the most material points:

For a long time, I've viewed you as just someone who lets his emotional angst over birth tourism cloud any sense of proper treatment of sources. I'm moving to the view that you're just a bit dim-witted to boot.

Last night you were all giddy about a sentence from Joseph Story that you thought meant he was supportive of your side, when in fact he was stating explicitly he was tracking the reasoning in Calvins Case. But you're a dunce and flunked out on that one.

Now you're all giddy again over this language about the Convention not adopting the common law into the Constitution. Again, you read, but understand you do not.

It's a point about the Supremacy Clause. Starting in 1776, the various states began enacting what are called "common law adoption statutes." And from there, the state legislatures began enacting various statutes to modify, limit, abrogate or otherwise "tweak" the common law rules to fit particular local preferences. Had the Convention in 1787 purported to incorporate the common law wholesale into federal law, by virtue of the Supremacy Clause everything the states had done legislatively (or judicially) since 1776 (or the date of their adoption statute) would have been undone.

You're in vain making the point that English law was rejected in total. On matters of municipal law (e.g, citizenship) they very much adopted and adapted English rules. (See, e.g., Jefferson's Virginia citizenship statute -- Post 379 above). And at the time of the Convention (as I've shown) there had been since 1776 prior, interchangeable usage of "natural born subject" and "natural born citizen." And there is no prior usage of "natural born" signifying "from like parents." So when we arrive at the Convention, it's ludicrous to posit that the Framers picked the term "NBC" and ascribed to it a meaning different from the prior usage in English of "natural born," and that they did this with no record of discussion that such is what they were doing. You've yet to explain that. But, clearly, it's a strained cast on history which you're forced to adopt to make your theory work.

You really need to stick to engineering. You are drowning in the pool of your own idiocy.

386 posted on 02/05/2015 11:00:07 AM PST by CpnHook
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To: CpnHook

Not worth reading.


391 posted on 02/05/2015 12:02:03 PM PST by DiogenesLamp
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