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To: Mr Rogers

Our own started taking shape after The Paris Peace Treaty of 1783 was signed.

So, if you insist that we did indeed operate under ENGLISH common law for many many years, please cite the sources which support this. Please tell us when we finally did fully cast off the laws of England to live under the US law?


538 posted on 03/09/2013 3:43:11 PM PST by Ladysforest
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To: Ladysforest

We operated under English common law while ours formed. Common law refers to laws derived from court decisions, and we initially had almost none.

For the purposes of this debate, English common law gave meanings to the terms used in the Constitution. Thus:

“The Constitution nowhere defines the meaning of these words, either by way of inclusion or of exclusion, except insofar as this is done by the affirmative declaration that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” In this as in other respects, it must be interpreted in the light of the common law, the principles and history of which were familiarly known to the framers of the Constitution. Minor v. Happersett, 21 Wall. 162; Ex parte Wilson, 114 U.S. 417, 422; Boyd v. United States, 116 U.S. 616, 624, 625; Smith v. Alabama, 124 U.S. 465. The language of the Constitution, as has been well said, could not be understood without reference to the common law. Kent Com. 336; Bradley, J., in Moore v. United States, 91 U.S. 270, 274. [p655]”


549 posted on 03/09/2013 4:00:25 PM PST by Mr Rogers (America is becoming California, and California is becoming Detroit. Detroit is already hell.)
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To: Ladysforest
So, if you insist that we did indeed operate under ENGLISH common law for many many years, please cite the sources which support this. Please tell us when we finally did fully cast off the laws of England to live under the US law?

A lot of these ya-hoos don't understand that after the Revolution, there were many thousands of people born in the United States after 1776 that considered themselves British Subjects. So did both the British Government, AND the US Government.

"Never underestimate the difficulty of changing false beliefs by facts."
-- Henry Rosovsky

607 posted on 03/09/2013 5:23:07 PM PST by DiogenesLamp (Partus Sequitur Patrem)
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