Submitted by M. R. Hamilton on
Many people ask about what evidence that we have that these united states are guaranteed the common law rather than the statutory system. Law in the Constitution for the United States of America refers to the common law as it was the law of the land at the inception of these untied states. This is upheld by the case of Hertado v. California.
Due process of law is process according to the law of the land .... . . . Due process of law in the latter [the Fifth Article of Amendment to the Constitution) refers to that law of the land which derives its authority from the legislative powers conferred upon Congress by the Constitution of the United States, exercised within the limits therein prescribed and interpreted according to the principles of the common law .... Mr. Justice Matthews, delivering the opinion of the court in Hurtado v. California, 110 U.S. 516, 3 Sup. Ct. 111,292,28 L. Ed. 232 (1884).]
Here we see it the was opinion of the court that the common law is the law of the land in these united states.
One must use diligence when participating in any lawful procedure. The attorneys and judges will commonly use terms to fool participants who do not hire an attorney. They will commonly say that a procedure was "due process" rather than "due process of law". Due process can be whatever process the attorneys and bar member want it to be. Due course of law or due process of law refers specifically to the common law. What the BAR members are doing is referred to a "fraud and swindle". Stay diligent and pay attention to every single word. Every word has meaning and every word matters. Do not presume you know what anything is. research it.
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