Common Law Research Center™
The Power of the People over their Government is found at the Common Law.
The Common Law has existed since long before the United States of America was established as a nation. It was initially imported from Great Britain with the original English settlers who immigrated therefrom, but has since evolved into so much more than even the Mother Country could have imagined.
Table of Contents
Origin of the Common Law
The Common Law came to America with the Founders.
The earliest English settlers in North America immigrated primarily to the Atlantic (or “Eastern”) Seaboard, via colonial charters. Because they were still English citizens, they were entitled to the basic common-law legal privileges of English citizens, such as habeas corpus and trial before a jury of one’s peers.
During the American Revolutionary War (1775-1783), the colonies declared their freedom and independence from Great Britain, by way of the Declaration of Independence- 1776. (Half of the signatories were lawyers.) Proclaiming themselves to be free and independent States, the former colonies now needed to develop their own systems of government, as well as their own Systems of Law.
Sources: Glendon, M. Ann , Kiralfy, . Albert Roland and Lewis, . Andrew D.E.. “common law.” Encyclopedia Britannica, October 30, 2020. https://www.britannica.com/topic/common-law.
Common Law Development in America.
Two of the
The Common Law derives its authority from the Holy Bible.
In the United States of America, the legal education system (at the university level), was founded upon Commentaries on the Laws of England, 4 vol. (1765-69), written by Sir William Blackstone. His preeminent work is the most well-known description of English law doctrines, including that of the Common Law.
Blackstone propounded the doctrine that municipal [state or federal] laws derive their validity from their conformity to the law of nature, or law of God. “No human laws,” he said, “are of any validity if contrary to this.”
Image Source: Britannica, T. Editors of Encyclopaedia. “Sir William Blackstone.” Encyclopedia Britannica, February 10, 2022. https://www.britannica.com/biography/William-Blackstone.
The Rock on which our Republic rests.
The preponderance of the Holy Bible, the Word of God, as the Foundation of the United States of America is incontrovertible and verifiable.
To dispel any doubt of the supremacy of God and His Law in every aspect of American law, culture, and society, Public Law 97-280 designated 1983 as “Year of the Bible”.
Laws of Nature defined.
In demonstration of his understanding of the absolute supremacy of God and His Law, Blackstone explains in Commentaries on the Laws of England, 4 vol. (1765-69) that: “Man, considered as a creature, must necessarily be subject to the laws of his Creator, for he is entirely a dependent being.”
Blackstone goes on to further define the Law of Nature as the Will of God. He states:
“This will of his maker is called the law of nature. For as God, when he created matter, and endued it with a principle of mobility, established certain rules for the perpetual direction of that motion; so, when he created man, and endued him with freewill to conduct himself in all parts of life, he laid down certain immutable laws of human nature, whereby that freewill is in some degree regulated and restrained, and gave him also the faculty of reason to discover the purport of those laws.”
The Founding Fathers intimated, with specificity, this exact principle in the preamble to the Declaration of Independence (1776)– and employed it as the justification under and authority by which they declared their freedom from Great Britain. They write:
WHEN in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God [emphasis added] entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
The Declaration of Independence (1776) is legally binding.
Unbeknownst to many, the Declaration of Independence- 1776 is legally binding. It forms part of the Organic Laws of the United States, meaning it forms part of the fundamental law– and is befittingly listed above the U.S. Constitution, as it is superior to the same (but only at Common Law).
Image Source: “Organic Laws”. United States Code, February 28, 2022. https://uscode.house.gov/browse/frontmatter/organiclaws&edition=prelim
The Laws of Nature are found in Nature’s God.
The God of Nature is the God of the Holy Bible. In order to understand what God’s Laws are, you must first understand who God is.
Introduction to the Common Law
The Common Law is a body of law not contained in statutes or codes.
Image Source: Merriam-Webster.com Dictionary, s.v. “common-law,” accessed February 23, 2022, https://www.merriam-webster.com/dictionary/common-law.
The Common Law is not “judge-made” law.
It is a body of customary law administered by common-law courts that stands in contrast to the legal system derived from civil law. Because judges hold their offices under the civil law system, and the civil law system is subject to (and derived from) the Common Law System, it is not possible for a judge to create the Common Law.
The office of every judge is created under the civil law system (i.e. statutes, codes, etc. by Acts of the respective legislative body). The state (for example: Georgia General Assembly) and federal legislatures (e.g. U.S. Congress) create the civil law system, based upon their respective constitutions. But the Common Law is the foundation of those constitutions and determines the parameters within which a government may operate.
In the U.S. Constitution, for instance, the Bill of Rights (i.e. first 10 Amendments), does not grant rights to the People, but is simply a written acknowledgement of the rights, long-recognized (under customary law); that is, as being inherent under the Common Law.
Therefore, it is not possible for a judge to create the Common Law. A judge can only administer the Common Law.
Image Source: Lewis, A. D.E. , Glendon, . Mary Ann and Kiralfy, . Albert Roland. “common law.” Encyclopedia Britannica, October 30, 2020. https://www.britannica.com/topic/common-law.
“Judge-made” law is opprobrious.
The legal definition of “judge-made” law can be found in Bouvier’s Law Dictionary and Concise Encyclopedia: Third Revision, Volume II (1914), by John Bouvier, on page 1716; entered according to Act of Congress, in the year 1839.
“Judge-made” law is a “phrase used to indicate judicial decisions which construe away the meaning of statutes, or find meanings in them the legislature never intended. It is sometimes used as meaning, simply, the law established by judicial precedent. […] The expression judge-made law is undoubtedly more frequently used in the former sense, and as expressing a certain degree of opprobrium […] and render courts, in reality, the legislative power of the state”.
The above is a fancy way of saying that when judges allege to be creating “judge-made” law that affects the inherent rights of the people, they are deceiving the People and stealing rights over which they have absolutely no authority. Because they are exercising a legislative function.
The Separation of Powers doctrine.
Under state and federal constitutions, legislative functions are reserved for and limited to the Legislative Branch of government. This is called the Separation of Powers doctrine. But this Doctrine only applies at Common Law; it does not apply under the civil law system.
All courts are currently operating under the civil law system, because it allows them to bypass the limitations of the constitution.
Remember: The Common Law is the foundation or “basis” of a constitution, but a constitution is the foundation or “basis” of the civil law system. The lesser cannot confine the greater; the creature cannot confine its creator. The civil law, which is subject to and derived from the constitution cannot confine or obligate the government to operate within its constitutional limits, because those limitations are imposed by the Common Law (not the civil law).
The Common Law is superior to the civil law.
The legal definition of the “Common Law” can be found in A Dictionary of Law Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern by Henry Campbell Black, p. 232 (1891)).
“[COMMON LAW.] As distinguished from law created by the enactment of legislatures, the common law comprises the body of the principles and rules of action, relating to the government and security of persons and property, which derive their authority solely from usages and customs of immemorial antiquity, or from judgements and decrees of the courts recognizing, affirming, and enforcing such usages and customs; and, in this sense, particularly the ancient unwritten law of England.” (A Dictionary of Law Containing Definitions of the Terms and Phrases of American and English Jurisprudence, Ancient and Modern by Henry Campbell Black, p. 232 (1891)).
The Common Law is of time immemorial.
The Common Law is not derived from nor beholden to the civil law, as it existed long antecedent to the constitution– state or federal– upon which the civil law system is based. Instead, it derives its authority solely from usages and customs of immemorial antiquity, or from judicial action declaratory (not adjudicatory) of its principles.