Where are those citations you claim TO? If you can’t point to a volume, or index number, then it doesn’t exist. “The Common Law of the United States” does not exist. Do you know why???
Because English Common law holds as its ultimate source of legitimacy - Christ, the Son of God - the King is his representative - his hand on earth. Anyone NOT a Christian in the eyes of the “Common Law” was a heretic and an enemy of the State.
When the United States was formed, and the 1st Amendment enacted, it was an anathema to English Common Law because Christ is NOT the source of authority in the USA. LAW as it is enacted in the Constitution, and the Amendments TO it, is the source. Are there traceable links to English common law, yes. Ultimately it is the constitution as it was written which is the ultimate arbiter in the USA, NOT English Common Law, or Russian Law or French Law. Do we refer to them for CONTEXT, yes. Does that make it binding? HELL NO, it is a historical reference with NO BINDING AUTHORITY because US Law recognizes only itself and IT’S source, the constitution. Only United States Law is binding, and it is NOT English Common Law.
Are you your great great grandmother? No, but you may carry some traits she had. There is a difference even a child can see, you are not your great great grandmother, but you are related to her.
For example, the joining of the Scottish and English Thrones threw the laws of the newly joined nations under one sovereign into confusion, requiring Calvin’s Case to resolve it. Altering English Common Law. The COMMON laws between the “nations” which made up ‘England’ over centuries created a common law between them as territory was incorporated with it’s laws and was unincorporated over time. The “Common Law” was what was common between them and it evolved over time. The United States has no Common Law, because our laws were enacted through the Constitution all AT ONCE. The United States did not EVOLVE over time, it was deliberately CREATED in a single act.
This is why there IS NO U.S. Common law, and you cannot find any tome in the Library of Congress which is the “U.S. Common Law”. It does not exist. There is only the constitution, the Amendments to it, and the laws that have been created through actions of the courts.
Hi Danae,
“Anyone NOT a Christian in the eyes of the “Common Law” was a heretic and an enemy of the State.”
I understand that you are taking this from the Calvin’s Case.
But there is a footnote in the 1826 edition of Reports of Sir Lord Coke that indicates that passage from the Calvin’s Case is an error.
“(1) The position in the text seems to have been a common error founded on a groundless opinion of Justice Brooke, Anon. 1 Salk. 46, and has long since been exploded, Omichund v. Barker, 1 Atk. 21, S.C. 1 Wils 84, S.C. Willes’s Rep. 538”
It is on page 29 of the Reports on the Calvin’s Case.
Sigh....
Google “reception statutes.”. Tell me what they say.
By the way, what do you do for a living?