Quote:
Originally Posted by CDAT
They go with as you say that common law is the highest authority in the land, but that is not legally the case. It is the US Constitution, not English common law.
|
The US Constitution is I think partially based on English Common Law, now known as American Common Law. After the revolution some English Common Laws or traditions were outlawed by the US Constitution, but some were retained and over the past 230 years they have just divergence from British laws but still exist. All US states except Louisiana have enacted reception statutes which generally state that the common law of England is the law of the state to the extent that it is not repugnant to domestic law or indigenous conditions.