The U.S. Constitution is filled with phrases whose meaning is not self-evident, but which were technical legal terms under English common law (which was what the Founders were trained in)— “high Crimes and Misdemeanors,” “Letters of Marque and Reprisal,” “Bill of Attainder,” “Corruption of Blood,” etc., etc., etc. In every instance, the courts interpreted those phrases in accordance with English common law. There are literally dozens of Supreme Court cases holding that the Constitution is to be interpreted in accordance with English common law.
sorry, common meaning and refernces.
Definitive proof with British Law stated verbatium in the Constitution.
“Letters of Marque and Reprisal,” as you state;
A letter of marque is an official warrant or commission from a government authorizing the designated agent to search, seize, or destroy specified assets or personnel belonging to a foreign party that has committed some offense under the laws of nations against the assets or citizens of the issuing nation and has usually been used to authorize private parties to raid and capture merchant shipping of an enemy nation.
Quote; under the laws of nations, not British Common law.
Bill of Attainder; again as you stated.
Bills of attainder were used through the 18th century in England, and were applied to British colonies as well. One of the motivations for the American Revolution was anger at the injustice of attainder—though the Americans themselves used bills of attainder to confiscate the property of British loyalists (called Tories) during the revolution. American dissatisfaction with attainder laws motivated their prohibition in the Constitution (see the case of Parker Wickham).
their prohibition in the Constitution; dening British Law in the United States.