The law is whatever the government says it is.The founders rejected the claim that the King could just make up a law and they would have to obey it. We are back to that philosophizing.
The founders adopted the existing laws in the colonies as the prevailing laws in the newborn states, with little exception. There was no philosophising about it. The legal system remained in place and the laws themselves remained basically unchanged.
Take for example, Delaware which was typical and not exceptional.
Constitution of Delaware — 1776.ART. 24. All acts of assembly in force in this State on the 15th day of May last (and not hereby altered, or contrary to the resolutions of Congress or of the late house of assembly of this State) shall so continue, until altered or repealed by the legislature of this State, unless where they are temporary, in which case they shall expire at the times respectively limited for their duration.
ART. 25. The common law of England, as well as so much of the statute law as has been heretofore adopted in practice in this State, shall remain in force, unless they shall be altered by a future law of the legislature; such parts only excepted as are repugnant to the rights and privileges contained in this constitution, and the declaration of rights, &c., agreed to by this convention.
Dead philosophers who wrote in French about a different body of law were not consulted.
Each and every one of the thirteen original states simarly adopted the English common law, either in its constitution or explicitly its statute law.
They only changed from one government saying what the law is to a different government saying what the law is.
So you admit there were exceptions. Good. We are making progress. And what might some of those exceptions be?
“They only changed from one government saying what the law is to a different government saying what the law is.”
I have not waded into this thread and/or debate. But your comment above reminded me of “The Powder Alarm” which took place in Charlestown about 6 months(?) prior to the “shot heard round the world”.
The local militia at the time was an English militia. Formed to protect themselves from Indians, bandits, etc. Then the British soldiers marched on them and took a bunch of their powder.
Soon after the militia called a meeting, and voted on dismantling the militia and it passed.
They then voted on forming a new militia to be under the jurisdiction of the colony. That too was passed. Elections were held for all of the various positions. All of the new positions were taken by the previous members that had been elected under the old militia!
Some have theorized that the colonists would have won the Battle of Bunker Hill if the British soldiers had not taken their powder prior to the war.
https://davekopel.org/2A/LawRev/american-revolution-against-british-gun-control.html