Having spend all this time establishing that America is a common law country, newspaper articles and such are meaningless. We have to look to case law - which you do.not.have.
The very fact of their existence disproves your contention that the law was as you say. I'm sorry if you cannot comprehend this. No one would have written such an article if the law were as you claim. Especially not James Madison. (PUBLIUS)
We have to look to case law - which you do.not.have.
Yes I do, but I don't regard it as primary evidence. Case law is merely judges opinions, not founders opinions. It is the people who CREATE the laws which determine the INTENT of the law. When courts do it it is called "legislating from the bench.