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To: sometime lurker
Mason is not denying English Common Law, he is concerned that it won't apply in the US, and that bad consequences will result from the lack of a check on "dismemberment of the empire."


Mason - "...But by that paper we are consolidating the United States into one great government, and trusting to constructive security. You will find no such thing in the English government. The common law of England is not the common law of these states. I conceive, therefore, that there is nothing in that Constitution to hinder a dismemberment of the empire."

No. Actually, George Mason was concerned that our Constitution would not be enough to hold off Great Britain of reasserting their power and dominion over their former colonies the United States.

Mason does not take away anything in the expanded quote from this part of it that
, “The common law of England is not the common law of these States.”

As his quote still stands alone that the United States common law is not the same as English common law.

However, his fears proved unfounded, and American judges have turned to British Common Law to resolve questions.

And actually his fears were founded to be correct that culminated in the war of 1812. Great Britain kidnapped US citizen sailors forcing them into manning their sea vessels. They would say, 'Once a Englishman always an Englishman.' As Britain at the time did not recognize the process of renouncing citizenship.

278 posted on 05/08/2011 8:52:35 PM PDT by Red Steel
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To: Red Steel
You are mistaken - either you haven't read the quote, or are deliberately distorting it. Look at the debate that the quote came from. Mason is not talking about Great Britain reasserting power, he is talking about Article 2, section 2, clauses 2 and 3.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Here is a another statement of George Mason during the debate:
The President and Senate can make any treaty whatsoever. We wish not to refuse, but to guard, this power, as it is done in England. The empire there cannot be dismembered without the consent of the national Parliament. We wish an express and explicit declaration, in that paper, that the power which can make other treaties cannot, without the consent of the national Parliament--the national legislature--dismember the empire.
The entire debate is about Article 2, Section 2 and the process for treaties. How you get from that Mason saying he was concerned about holding off Britain is beyond me. If this is the level of reading comprehension, perhaps some of your other statements may be better understood as well.
282 posted on 05/08/2011 9:54:14 PM PDT by sometime lurker
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