Common Law.

SUMMARY:

America was established upon the principles of the common law, principles emanating, largely, from the Christian religion.  Those principles characterize our system of government, one whereby the people have certain unalienable rights and liberties — a system where the people are equal, and justice is administered through the rule of law, not by the dictates of men.  The states are free and independent societies, separate from one another and from the federal government, and as such, have a duty to their respective citizens to uphold those principles that comprise the common law and by which our government exists.  The rights and liberties of the people are under attack by government, and it is the duty of the people, and of the states, to ensure that our freedom does not die for lack of vigilance and duty.

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Our state and federal Constitutions were founded upon the common law that migrated to America from England with the colonists.  This system of law has been absorbed, in most part, into our statutes.  And as such, the common law, itself, has effectively become a thing of the past, except in certain situations where no statutory remedy is available.  Yet, the common law serves as a direct influence in our modern-day courts when determining the intent of our founding fathers and the traditions of society when the laws were created.  The common law is where the fundamental principles upon which our modern society was founded, yet little is taught on this subject, today.

The essence of the common law was recorded, and can be found, in the Commentaries on the Laws of England, by William Blackstone, circa 1769.  This system of law was established primarily upon the accepted traditions of the people, which in turn derived from the influences of the Christian religion.  Within the United States, today, our system of law is established through a hierarchy of legal precedence, with the Constitutions taking priority as the supreme law of the land.  Next, statutes are enacted to enable execution and enforcement of the constitutions, and in compliance, therewith.  Finally, administrative rules and regulations are created in compliance with their enabling statutes to provide agencies with the specifications and details for implementing the law.

However, there has been a diversion from strict compliance with the constitutions, under a so-called authority of “national emergency”, through the mechanism of “public policy”.  Through public policy, the rights of the people have been encroached upon by deception, misinformation, and reliance upon the general ignorance of the people in matters of law and government.  This is accomplished by the people’s consent (their unlimited right to “contract”) through the legal doctrine of “tacit agreement”, or “acquiescence by silence”.  Such doctrine assumes that, when a person having a duty to respond fails to do so, they agree to the matter presented.  Therefore, when the people fail to substantially protest the actions of government, then government assumes that the people agree, whether the matter lies within the authorized powers granted to it by the constitutions, or not.  This doctrine has resulted in the United States government, and those of the several states, to operate in a “private” capacity outside the confines of the constitutions, and it is a situation that must be corrected.

Likewise, the federal government enters into contracts (or compacts and private agreements) with the states to implement policies and procedures which the federal government, by itself, does not have the authority to do.  The states take part, often, to receive grants and other benefits from the federal government, surrendering its own sovereignty in the process.  Though the states were established as free and independent sovereign bodies politic from the federal, central government, their participation in such private benefits places the states into a contractual obligation with the federal government.  No authority has been delegated to the states by the people to enter into such relationships with the federal government.  Protection of the people’s liberties is dependent upon the distinct and separate powers between state and federal government, and the intermixing of these powers creates opportunity for, and results in, abuse by government against the people.

The OHIO SOVEREIGNTY AMENDMENT created by the PEOPLES CONSTITUTION COALITION OF OHIO (PCCOH) addresses this situation and prohibits government from operating in any capacity beyond what the constitution establishes.  Many believe we should return to the common law.  They fail to recognize that our system of law encompasses the common law, that the common law exists within our statutes.  However, due to the uncontrolled condition of our legislative bodies to comply with the constitutions, many laws have been enacted and enforced against the people that violate constitutional intent.  Perhaps one of the greatest examples are the encroachments by government upon the unalienable rights of the people, particularly those pertaining to private property.  There are many examples, but these encroachments have been implemented, slowly, over time in small measures to conceal their overall and dramatic effect over the people.  And, the people have allowed this to happen through their acceptance of private governmental benefits and sacrificing of safety and comfort for some immediate and temporary governmental protection.

Finally, government and its agents have perpetuated the expansion of governmental power through modern interpretations of the constitutions and the preposterous notion that our constitutions are living and breathing documents that have outlived their usefulness to our society.  The people of America cannot let this type of idiotic, unfounded, and usurpation of authority continue.  Government has limited, enumerated powers for the purpose of serving the people of the community.  And, when those powers are misused by public officeholders in violation to their oaths of office and best interests of the people, it becomes time for the people to stand up and defend themselves from such abuse.  We cannot remain silent, apathetic, or indifferent, any longer.

So long as the people protect the fundamental principles upon which America was created, the common law will have a positive influence in society.  But, it is up to the people to know and exercise it.  You cannot be ignorant and free.

– MAY