Sorry took me so long, been a bit busy. I will reply to some as this is a very easy topic to get out of hand.
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Originally Posted by RN7
Most of the laws of the United States, and British Commonwealth and Ireland are derived from English Common Law. The US Constitution is the highest authority in the United States but the point I was making is that laws of the United States and the former British Empire stem from Common Law. From the American Bar Association: The law of the United States was originally largely derived from the common law system of English law, which was in force at the time of the Revolutionary War. However, the supreme law of the land is the United States Constitution and, under the Constitution’s Supremacy Clause, laws enacted by Congress and treaties to which the United States is a party. While the U.S. Constitution states that federal law overrides state laws where there is a conflict between federal and state law, state courts are not subordinate to federal courts. There are two parallel sets of courts with different, and often overlapping, jurisdictions.
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Last time I read it the US Constitution was when you get right down to it a limit on what the federal government can do. If it does not specifically say they can officially they do not have the authority to do so as that power belongs to the states.
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Originally Posted by RN7
If you feel that I didn't use the right phraseology when I was replying to Schone23666's thread in relation to T2K that's fine, but as you mentioned your training I'd like to know what your training was. Was it a police officer, a lawyer or a law maker and what legal aspects did you cover? Part of Masters degree in Political Science was related to British and European Union laws and legal development and I did a great deal of research in this area so it's not a topic I am unfamiliar with.
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My training a bit more than eight years as a senior federal law enforcement instructor. Mostly firearms/use of force, but also ERT, and medical.
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Originally Posted by RN7
I stated that "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." I think this is the fourth time I have to repeat this on this thread so please stop misquoting me.
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I am sorry if you feel that I was misquoting you, I was trying to say that common law English or as you called it American has no legal standing. If it is not a law written into the code it is not a law. Now does that mean it has no impact on the law, no. A good (bad you pick) Lawyer can argue precedent (Including common law) that it should mitigated the sentence but it is not a law.
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Originally Posted by RN7
Are you calling me a three year old or the idea?
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I was saying the idea, I do not think that you believe this. Do people, yes. If someone does believe does that make them stupid? I would say that depends on how far they take it. But that is starting to get off the point.