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To: Sherman Logan

Since you are so adamant that Vattel’s “Law of Nations” was not used by the Framers, could you post a list of what references were used in the development of the US Constitution, with some links to support your opinion, please? Thank you.


86 posted on 12/31/2009 10:49:20 AM PST by meadsjn (Sarah 2012, or sooner)
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To: meadsjn

I never said it wasn’t used. I said the legal terminology used in the Constitution is most likely that of common law, the norm for the country at the time.

You are aware that civil law is descended from Roman jurisprudence and was imposed by absolute monarchs on their slaves, aren’t you? Why would you support it over the common law of freeborn Englishmen? Why would the Founders?

BTW, your question asks me to prove a negative, which is of course not possible.

Let’s turn it around. What is your rationale, preferably from the minutes of the convention, that Vattel’s definition was used to define NBC?

The very fact that no definition of the term was included implies that the definition was one with which they were all familiar and took for granted. As I said, the common law definition would have been the norm for the time and place.


87 posted on 12/31/2009 10:59:26 AM PST by Sherman Logan ("The price of freedom is the toleration of imperfections." Thomas Sowell)
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