The Common Law



The Common Law, originally uploaded by Zeus Ocean Storm.

In several short days, American’s will be celebrating the 233rd birthday of our greatest country on earth. That always brings The Declaration of Independence to mind. Recently I have been to Williamsburg, VA – a true patriotic pilgrimmage if there ever was on.

This has followed up with a renewed interest in our founding fathers. So far, I have read the American Sphinx : The Character of Thomas Jefferson by Joseph Ellis (worthy of another post currently in draft). A Son of Thunder: Patrick Henry and the American Republic by Henry Mayer is next. And know that the third in this historic trilogy will be a reading of John Adams by David McCullough.

But I digress. This picture was taken in Jamestown – inside the first church in America. English Common Law is the law of our land, however, I remain intrigued by the parrallel Scottish Law concept. Common law is fully based on prior decisions which results in the rigid automation of precedence. Scottish law is more flexible, implemented to find the truth first, then do what is right under the circumstances. Then this plaque appears in the first surviving English settlement. Setting and settling once and for all the law of the land. But all laws have prior precedence.

Now the purpose of this post – some of the more and most remarkable precedences that come to mind. Can you recognize their source.

Thou shalt not….

Know that before God,

We whose names are underwritten, This one is personally significant as I am a direct descendent of one of the signers.

When in the course of human events……

We the People of the United States

THE Conventions of a number of the States

And we are today, a nation of laws. Thomas Jefferson would chafe at the size of the federal government. In fact, for Thomas Jefferson, all federalist were evil. But here we are today, the republic to which we stand, with an ever more pure federalist government. Laws are needed. They are the boundaries that protect and preserve our lifes, our liberties, and our pursuit of happiness.

But then again, perhaps it’s time for a restorative resetting revolt.

We The People will celebrate our Independence Day.

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