Saturday, December 19, 2020

Common Law Clarified-By Harsha Sankar(December 2020)

The concepts of Common Law have been so misunderstood. Of course the fraudulent and non-constitutional BAR Attorneys have totally butchered its meaning to suit themselves. They have twisted the meaning of common law to mean case law.

Courts are not supposed to take the law into their own hands. They are not supposed to make law so obviously the Common Law is not case law. Common Law rather uses case law to partially form its basis but it is distinctly different than case law, which is clearly prohibited.

Common Law is the overriding and supreme law that is generally unwritten explicitly. It is very broad in its meaning as it is simple and generic to the extent of being indisputable.

The Founding Fathers knew the dangers of the citizenry voting themselves out of the Republic for which they are supposed to stand. They also knew the dangers of laws being passed that are so numerous, interpretive, arbitrary, and unclear in nature, the very purpose that a specific law is supposed to serve is defeated.

That is why they adapted the Common Law into the legal system just so people would be reminded of the ultimate and original purpose of that law. For example, this is how the Common Law would apply in elections. The Common Law would read that the candidate who receives the highest number of valid votes by eligible voters wins the election.

Obviously, no one will dispute that statement. It really goes without saying but that is the essence of Common Law. The Common Law was supposed to be used when the written law(Constitutional or statutory) did not provide a specific solution to a controversy. It was also to be used to nullify bad laws through the process of jury nullification. The Founding Fathers wanted proper perspective in the adjudication of all matters. Common Law, when properly used as a last resort, does just that.
 

Unfortunately, BAR judges and BAR hand-picked juries use the pretext of common law as a trojan horse to advance their their own personal, political, and professional agenda!

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