Common law

Discussion in 'Freedom and Liberty' started by duane, Feb 16, 2016.

  1. duane

    duane Monkey+++

    There are 3 forms of law that are usually recognized as the basis of civilization. One of the more common ways of describing them are common law, Napoleonic law, and anarchy. We have in the US in the past used the common law system that was started in England as a way to limit the power of the King and grant rights to the nobility.
    The Declaration of Independence states that these rights not only exist, but are too be applied to the common man, but that women, slaves, etc, are excepted of course, but these rights are God given natural rights. The Constitution was set up as a way to protect these rights from a government that they expected would try to increase its powers and take away these natural rights. The Bill of Rights was added to the Constitution as the states were not satisfied with the generalities in the document and wanted certain important rights to be specifically guaranteed as being beyond the control of the central government.
    The Napoleonic concept of law as well as islamic and royal law, state that some higher power, religious, the king, the state, has all the rights and that that power may grant you certain limited rights and the law will tell specifically tell you what those rights are and that the rules will be decided by the state and not a jury of your peers and their decisions are final. Some higher power, the divine rights of the king, the religious system,whatever, has the control of those rights, not you. Needless to say every government that ever existed has attempted to make this the norm and take control of the system as they believe that they can do a better job of running the state than the common man. In the US this has evolved into a system of codes, regulations, permits, etc, that transform the common law into Napoleonic law and anyone who has ever tried to get a building permit will confirm the fact that we have lost most of our common law rights. One of the major struggles going on in our society is the process of transforming our 2 nd amendment right into a defined and limited set of government rules. The Woodpile Report explains this concept, if you let them set the rules and decide how they will be applied, ie regulated, you have lost your rights. You can buy a sound suppressor, and in theory you can buy a newly made automatic weapon or a rocket launcher, and you may have the God given right to do so, but the BATF regulations will make it very hard to do so.
    Unfortunately that can lead to the last system of government, anarchy. That does not mean that some form of government exists. It just means that no higher system of rules exist and the government powers are neither limited nor written down and that no system of questioning those actions exist. It may seem strange, but Hitler's Germany was in a state of anarchy, while the Japanese under Tojo, were still under a Napoleonic system. While you might be killed in either system, in one they had to at least fill out the paperwork and justify it being at least as "custom", ie prisoners of war were executed if the military wanted to.
    We are now in the process of replacing a supreme court justice who believed and enforced the common law and often attempted to limit the power of the government and at the moment with the appointments made under Obama, the court is 4 leaning towards common law and 4 leaning towards Napoleonic law and the person selected has the power to shift the balance one way or another. I personally believe that the selection of this justice and the effects it may have on our system of government may be one of the most important events in my lifetime.
    I apologize for the rambling nature of this post and attempting to show how major changes are incurring in our government, but what the main stream media is telling us is a down right lie and the circus of this election is ignoring the major changes occurring in our society.
    GOG, OldDude49, 3M-TA3 and 7 others like this.
  2. UncleMorgan

    UncleMorgan I like peeling bananas and (occasionally) people.

    Good post. Our civilization is changing rapidly--cataclysmically--on a thousand different fronts. The foundations of law are shifting, and it's anyone's guess how it will affect us as individuals and a society.

    Bob Dylan got it right when he said "The times, they are a'changin'."

    They'll be changin' a lot, and for a long time.

    He also said: "It's a hard rain gonna fall."

    Yep. He got that right, too.
    3M-TA3, Motomom34, duane and 2 others like this.
  3. Geneva Exile

    Geneva Exile Monkey+

    Shazam !

    Another Wisdom Loaded Post
    from Our Blessed & Beloved Friend Duane !

    ... God Be Praised ! ...

    "Defacto Sovereignty" Vs. Dejure Sovereignty ;

    I Choose Dejure !

    by right.
    Vide De facto.


    i. e. in deed.
    A term used to denote a thing actually
    done; a president of the United States de facto
    is one in the exercise of the executive power,
    and is distinguished from one, who being
    legally entitled to such power is ejected
    from it; the latter would be a president de jure ...


    A chief ruler with supreme
    power; one possessing sovereignty. (q. v.)
    It is also applied to a king or other magistrate
    with limited powers.

    2. In the United States the sovereignty resides
    in the body of the people.
    Vide Rutherf. Inst. 282.

    One which governs
    itself independently of any foreign power.

    The union and exercise
    of all human power possessed in a state;
    it is a combination of all power; it is the power
    to do everything in a state without accountability;
    to make laws, to execute and to apply them:
    to impose and collect taxes, and, levy, contributions;
    to make war or peace; to form treaties of alliance
    or of commerce with foreign nations, and the like.
    Story on the Const. §207.

    ... Sovereignty resides in the body of the nation
    and belongs to the people .

    ... 4. Strictly speaking, in our republican
    forms of government, the absolute sovereignty
    of the nation is in the people of the nation ...

    Sovereign dominion,
    authority, and preeminence; the highest state.

    In the United States, the supremacy resides
    in the people ...

    The union of a number of persons in the same place.
    There are several kinds of assemblies.

    ... 3. Popular assemblies are those where
    the people meet to deliberate upon their rights;
    these are guaranteed by the constitution.
    Const. U. S. Amend. art. 1
    Const. of Penn. art. 9, s. 20 ...

    A state of perfect irresponsibility to any
    superior; the United States are free and
    independent of all earthly power.

    A commonwealth; that form
    of government in which the administration
    of affairs is open to all the citizens.

    In another sense, it signifies the state,
    independently of its form of government.
    1 Toull. n. 28, and n. 202, note.

    In this sense, it is used by Ben Johnson.
    Those that, by their deeds make it known,
    whose dignity they do sustain; And life, state,
    glory, all they gain, Count the Republic's,
    not their own,
    Vide Body Politic; Nation; State.

    A government in the republican form;
    a government of the people; it is usually
    put in opposition to a monarchical or
    aristocratic government.

    2. The fourth section of the fourth article
    of the constitution, directs that
    "the United States shall guaranty to every
    state in the Union a republican
    form of government."

    The form of government is to be guarantied,
    which supposes a form already established,
    and this is the republican form of government
    the United States have undertaken to protect.
    See Story, Const. §1807.

    All persons born within the jurisdiction
    of the United States, are considered as

    ... 9. The constitution of the United States
    declares that no person, except a natural
    born citizen, or a citizen of the United States
    at the time of the adoption of this constitution,
    shall be eligible to the office of president
    or vice-president of the United States.
    Vide, generally, 2 Cranch, 280; 4
    Cranch, 209; 1 Dal. 53; 20 John. 213; 2
    Mass. 236, 244, note; 2 Pick. 394, n.;
    2 Kent, 35.

    An order of men in several countries to whom
    privileges are granted at the expense of the rest
    of the people.

    2. The constitution of the United States provides
    that no state shall " grant any title of nobility;
    and no person can become a citizen ot'
    the United States until he has renounced
    all titles of nobility ...

    ... On the base of the pyramid, the numerical
    letters, MDCCLXXVI; and underneath,
    the following motto, "Novus ordo sectorum."
    Resolution of Congress, June 20, 1782;
    Gordon's Dig. art. 207.

    That form of government in which the
    sovereign power is exercised by a small number
    of persons to the exclusion of the remainder
    of the people.

    A form of government where the power is divided
    between the great men of the nation and the people.

    The absence of all political government;
    by extension, it signifies confusion in government.

    SIMULATION, French law.
    This word is derived from the Latin
    simul, together.

    It indicates, agreeably to its etymology,
    the concert or agreement of two or more
    persons to give to one thing the appearance
    of another, for the purpose of fraud.
    Merl. Repert. h. t.

    2. With us such act might be punished by
    indictment for a conspiracy; by avoiding the
    pretended contract; or by action to recover
    back the money or property which may have
    been thus fraudulently obtained.

    Bouvier's 1856 Law Dictionary

    See Also ;
    Webster's 1828 American Dictionary
    of the English Language,s

    In Jesus Christ We Live Heavenly Father !
    duane and Aeason like this.
  4. Bandit99

    Bandit99 Monkey+++ Site Supporter+

    @duane Sir, if that is what you call 'rambing' then by all mean ramble away! - Rick
    Aeason and Geneva Exile like this.
  5. duane

    duane Monkey+++

    Uncle Morgan, I met Mr Zimmerman a few times in high school before he became Dylan and saw him sing in Dinkytown near the U of Minn when he was starting out. Never really could sing, but is probably the best and most insightful poet of our time. Some of his and Buffy St Marie's social protest songs will be still preformed a hundred years from now. If you ignore his singing and I must admit I have kind of grown to like it, you can almost get drunk on his words and their flow, but I have that same problem with Shakespeare. Sometimes the acting gets in the way of the flow of words as he meant the plays to be heard and not read.

    Geneva exile, as you well know today we have a very bad problem with facts and definitions that do not meet our perceived needs and perceptions of reality. There is no black and white, everything is a shade of grey. Thank you for your definitions and I am sure the founding fathers were more than familiar with them than I am and used them to mean very specific things. But now in parts of Calif you are not allowed to say founding fathers, as that is sexist. So help me God, but that is I guess isn't allowed either.
  6. Geneva Exile

    Geneva Exile Monkey+

    Blessed & Beloved Duane ;

    ... All Is Well My Friend & You May Want Those
    Definitions Someday For Your Own Future Reference ...

    When The World lings of This World Are Driving Themselves
    Insane Over How They Want Things To Be,

    You Will Be Able To Take Some Comfort In THE FACT

    Plus, Your Well On Your WAY & The Way Toward That Place Already ...

    Preach Onward My Fellow Patriot !

    God Be Praised !
  7. Witch Doctor 01

    Witch Doctor 01 Mojo Maker

    Just a note... Louisiana uses Napoleonic code instead of Common law...
    Gator 45/70 and Geneva Exile like this.
  8. Legion489

    Legion489 Rev. 2:19 Banned

    Common law is still Legal and Binding in the US, read the Constitution and Bill of Rights, No wronged party/no guilt, or the right to swing your fist ends at my nose.

    Napoleonic law is the "law of the Land" in LA and other backward countries (you are guilty until proven innocent, but since it was written for the French, that was probably about right and they were guilty. Remember what Ben Franklin said about the French?).

    Anarchy - what we have in any Demonrat controlled city in the US - see crime stats.
    Geneva Exile likes this.
  9. techsar

    techsar Monkey+++

    Interesting...Louisiana is, and has for over two hundred years, followed Napoleonic law. In day to day life, there is not much difference than in the other states I have lived.

    "LA and other backward countries? Guilty until proven innocent?" Since I do have some couth left, I'll refrain from further comment.
  10. Legion489

    Legion489 Rev. 2:19 Banned

    You and couth, for a second there I thought you were serious! Good one, you had me going there for a second! Now THAT is one of the funniest things I've read in a long time!
    Geneva Exile likes this.
  11. Witch Doctor 01

    Witch Doctor 01 Mojo Maker

    The constitution does authorize it... the 10th amendment allows states to write laws appropriate to the state... and does not mandate common law as a sole basis for law.
  12. Legion489

    Legion489 Rev. 2:19 Banned

    Quite true. I never said it was the sole basis of law, all I said was it was legal and binding, which it is, and in the Constitution/Bill of Rights (which was an amendment to the Constitution) talks about it. Glad to see someone finally agrees with me for once.
    Geneva Exile likes this.
  13. duane

    duane Monkey+++

    That is the real problem, the Constitution and Bill of Rights only guarantee your national rights, not your state rights and until the changes after the 1860's war, the states were in many senses sovereign in their own jurisdictions and some of the recent changes are based on a somewhat sketchy use of the interstate commerce clause to cover everything from guns to air pollution. In principle the state of Calif may or may not be able to limit gun rights. That argument is a long ways from being settled and the ball is in the Supreme Courts field and both sides are trying to find that 9 th vote. The use of the Napoleonic law in Louisiana is an exception and interesting in that has in many ways folded our common law rights into it.
  14. Witch Doctor 01

    Witch Doctor 01 Mojo Maker

    Actually I was agreeing with @techsar ... and now @duane you seem to play a little fast and loose with some of your comments The Napoleonic code is the law of the land in LA. and has worked there well along with the constitution for almost 200 years or so. Calling Louisiana backwards is offensive to me and probably several other current monkeys... that being said I fought for your right to speak your mind so you may as well enjoy it.
  15. duane

    duane Monkey+++

    The 10 th amendment gave the powers not designated to the states and the 14 th amendment in many ways gave them back to the federal government. Louisiana in my mind proves that the intent of the law and its enforcement is more important than its narrow definition as to what system it follows. I have not lived in that state, but people I know who have lived there seem to think its legal system is far superior to Calif or Mass, if not quite up to that of Texas.
    Gator 45/70 and Geneva Exile like this.
  16. Brokor

    Brokor Live Free or Cry Moderator Site Supporter+++ Founding Member

    We have a (fascist) nation of corporations, and what we may call "Government" is no government at all -it's comprised wholly of privately owned corporations. As for who they answer to, that's simple. Every private corporation is owned by its investors, and these are no different. The people are completely enslaved by not only the constructs of Fascist society, but by the illusion of freedom and liberty with a Constitution and rights (none of which exist actively any longer).

    "None are more hopelessly enslaved than those who falsely believe they are free." -Goethe

    The Italian term fascismo derives from fascio meaning a bundle of rods, ultimately from the Latin word fasces.[14] This was the name given to political organizations in Italy known as fasci, groups similar to guilds or syndicates and at first applied mainly to organisations on the political Left. In Milan in 1919, Benito Mussolini founded the Fasci Italiani di Combattimento, which, in 1921, became the Partito Nazionale Fascista (National Fascist Party). The Fascists came to associate the term with the ancient Roman fasces or fascio littorio[15]—a bundle of rods tied around an axe,[16] an ancient Roman symbol of the authority of the civic magistrate[17] carried by his lictors, which could be used for corporal and capital punishment at his command.[18][19] (source:

    More info:

    f1. f2.
    f3. f3b.
    f4. f5. f6. f7. f8. f9. f10. f11. f12.
    Speaker of the House James Beauchamp “Champ” Clark standing at the rostrum
    in the House of Representatives chamber by Fascio, United States Capitol,
    Washington, D.C. (between 1910 and 1915)

    WAKE UP. (please?)
  17. Dont

    Dont Just another old gray Jarhead Monkey

    Well done @Brokor !!! Some of us to pay attention and seek to validate what is posted independently.. You keep putting the word out there and I can tell you that what you post is the subject of discussion in this community..
    Geneva Exile likes this.
  18. UncleMorgan

    UncleMorgan I like peeling bananas and (occasionally) people.

    Very true. He never could carry a note, but that didn't stop him from being a hell of a singer/songwriter/poet/revolutionary/and AllAroundAllRightGuy.

    A few years ago I was sitting around instrumentaling Don't Think Twice It's All Right on my guitar and this lady walks by--stops--listens--and asks me if that's the song I'm playing. I said yes. She said she heard him sing it at a concert the week before. I asked her if he still sang as badly as the old days, and she just laughed and said "Worse!"

    His "Talkin' World War III Blues" ought to be taught in school...

    (A little off thread, but...)
    Geneva Exile, duane and chelloveck like this.
  19. Gator 45/70

    Gator 45/70 Monkey+++

    We can see right now someone is blowing smoke up our a$$
    Probably doesn't know what Jumping the broom is either!
  20. Legion489

    Legion489 Rev. 2:19 Banned

    So did I, and I fully intend to and do, thanks.
    Geneva Exile likes this.
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