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Date: Thu, 17 Jul 1997 18:43:25 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Further Perspective, Civil and Common (fwd)

>*Jus Dare*
>Further Perspective, Civil and Common
>A further perspective on Common and Civil Law, from Marcius Willson's
>1838 _Treatise on Civil Polity_. 
>Mr. Willson wrote "[ Common Law] consists of those customs and rules
>to which time and usage have given the sanction of law. Of such, it is
>plain, must be the great body of the laws of every people; for the
>rules of business and the usages of society are so variable and
>complicated as to be incapable of being governed wholly by statute
>law." No dispute with Mr. Sargeant. In fact, there may be no dispute
>at all between the two *very* old men. 
>"The underlying form of all law is Fundamental Law. No law may violate
>the principles of the fundamental law... [Both subsequent statute laws
>and common law] must be consistent with the Constitution; for the
>Constitution being the *fundamental* law, created by the people
>themselves, all other laws are inferior to it." - (emphasis in
>Whether legislation through common law oozing from maladministration
>and perversion of justice in the Spider Court, or the bastardizing of
>statute law in the legislature, law is not valid if it conflicts with
>the positive or negative principles of the Constitution, or with the
>"Statute Law is superior in force to common law... The statutes of the
>State Legislature, sometimes, although seldom, alter the common law.
>Their object is chiefly to define and establish the principles of
>common law, -- to provide for the protection of rights and the redress
>of wrongs, and to establish and regulate the various departments of
>State governments."
>Before we give short shrift to statute law, remember that our
>Constitution was a statute law conceived and introduced to embody the
>whole framework of *fundamental* law. The perversions that the
>founders recognized would almost immediately begin to encroach on our
>society were addressed by the Constitution, and are our only hope of
>non-violent defense against the usurpation and violation building in
>the case (common) law of the Spider Court. The Constitution is
>inferior only to Divine Law, and the framers were conscious of that,
>and the delegates were vitally aware of that, when they composed and
>ratified the Constitution as the SUPREME LAW (fundamental law) of the
>Yes, that says the common law of the Spider Court in the above
>paragraph. Our highest Constitutional court has developed and
>implemented its own twisted principles into its decisions. It took a
>long time to condition the people to accept the "new boss," but the
>governments of the United States now operate through the 221 year
>historical case law development of that court. (Case in point: *stare
>decisis* (standing decisions) is the concept of using and upholding
>prior case decisions in reaching similar decisions. It is a common law
>principle, adopted from the English common law by most of the States.
>The Spider Court has an obligation to "standing Constitution"
>decisions. While it should always be hoped that prior decisions
>conform to the Constitution, and may give direction to the court's
>reflections, it is not proper conduct for that body to use last week's
>homework to solve this week's assignments.)
>"The importance of a knowledge of the principles of the Constitution,
>not only to every one who aspires to the character of a gentleman and
>a scholar, but to every citizen of the Republic, however humble his
>station, is at once evident, from the very system of the government
>under which we live -- a government in which the people are the rulers
>... The Constitution of the United States is the plan of the first
>civil government ever established upon the genuine basis of freedom." 
>It is therefore not too truly remarkable that it is also virtually
>alone in its final days. The grand argument that "for all its faults,
>America is *still* the greatest nation on the Earth" should be
>regarded from the perspective that it is *still* the only civil
>government ever established upon the genuine basis of freedom.
>And for all the Beltway bull, it still in our hands to change it.
>If "grand experiment" has failed, it is only from lack of interest.
>Willson's 160 year old treatise, written 50 years into our grand
>experiment, says, "The government of the United States is founded upon
>the consent of the people. The Constitution asserts that it was formed
>by 'the people,' and the ratification of all the States commence with
>'we the delegates of the people' -- hence, the foundation of our
>government is the consent of the people... The government of the
>United States is a Republic, because the people hold sovereign power,
>and both the legislative and executive branches of the government are
>chosen by the people."
>This is not such a wandering article, because we are back to common
>law once again. Do we believe in principles common enough among
>ourselves to do anything about it?
>Dave Delany
>		         Reprinted from the real thing.
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Paul Andrew Mitchell                 : Counselor at Law, federal witness
B.A., Political Science, UCLA;  M.S., Public Administration, U.C. Irvine

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